disinherited

Which personal law applies in your case?

Or are you all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased i.e. your father, mother, and your uncle left any valid WILL?

Or on strength of which valid/registered deed your brother transfereed the property of mother in his name? 

The property is in which state?

Confirm!

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally for compliance of procedure and obtain copy of updated mutation records alongwith link docs

 If WILL (or any valid/registered) is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it would be wrong if the WILL exists.

Check locally for compliance with procedure and try to find gaps.

Disinherited per se has NO legal sanctity...

Until or unless proper/valid/registered documents for disposal of property by owner/testator are signed in her/his life time...

I am Hindu and property is residential building of huda Haryana
original registered will was with me in which we both brothers were equal legal heirs
but now I came to know that my mother made new registered will in which she disinherited me and gave everything to my brother. on basis of that will huda has tfd property in my brother's name after Mother death without any information to me
now I enquired from court and find out that earlier will was also not cancelled
pl advice and help me

You could have posted the last information in 1st post.

The last valid WILL prevails and must be having narration about cancellation of previous WILL.

Obtain the publication of process of transfer of HUDA and copies of application along with annexures and check how your NOC/Consent was avoided..

Registered WILL is not easily set aside atleast on counts of authenticity..

However you have the discretion to contest the (erroneous) action of authority on valid grounds..

As as WILL is concerned you may discuss in person with a very able senior counsel of unshakable repute and integrity specializing in succession/testamentary/civil   matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc for a considered opinion...

In the meantime you may go thru;

Allahabad High Court

Smt. Raj Kumari Awasthi And Anr. vs State Of U.P. And Anr. 

 

11. It would be useful to note that when the Law Commission of India was contemplating the replacement of the existing Code of Criminal Procedure 1898, by the present 1973 Code, it suggested in its 41st report, (September 1969) in Chapter XXXVI paragraph 36.3, that a daughter or son of whatever age unable to maintain himself or herself should be entitled to maintenance under Section 488 and had even called for a more extensive right than what was available under the personal laws. It would be useful here to quote paragraph 36.3 of the Report in toto:

36.3. Section 488(1) speaks of neglecting or refusing to maintain the "wife" or "child". Some controversy exists as to whether the expression "child" means a minor, or whether it includes any son or daughter unable to maintain himself or herself. It has been suggested that a daughter or son of whatever age should be entitled to maintenance under Section 488.

14. The Apex Court in Nanak Chand v. Chandra Kishore Aggarwal A.I.R. 1970 SC 446 has also reiterated the same position that there should be no limitation of age, in the definition of the word "child" and a child of any age should be entititled to maintenance if it is unable to maintain itself and the parent is possessed of sufficient means. It would be useful in this context to extract paragraphs 7, 8, 9 and 11 of Nanak Chand's case:

https://indiankanoon.org/doc/1188375/

Madras High Court

T.Vimala vs S.Ramakrishnan on 24 June, 2016

10. No doubt, Section 125 Cr.P.C. is not happily worded, since it has prescribed certain riders for a daughter or son who has attained majority to claim maintenance from their father. They must establish that they are under physical disability or they are suffering out of injury.

16. Nowhere in Cr.P.C., what 'maintenance' means has been stated. What its contents has been, what its 'components' has been stated. But it does not mean that we cannot state, what it means. It is our duty to interpret the law. We (Court) cannot simply blame the law makers that they have poorly enacted, drafted the law. It must be interpreted in such a way that the purpose for which the law has been enacted. Otherwise, it will be frustrated.

https://indiankanoon.org/doc/66917501/