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Raja Sekar   03 March 2019

Civil case female dying intestate

Good morning sir. My mom's father (grandpa ) expired in 1973. My mom's elder sister 'D' who got married, divorced in 1979 by mutual concern. She has no children. She was worked as a govt teacher. She bought 4 plots in her own income. My mom expired in 1991. My mom's mother (grandma) expired in Aug 2007. My mom elder sister ' D' expired in July 2007 without writing any wills. Now my mom sisters are 4 and brother 1 alive. To take rights on her property, my mom's sisters and brother moved to court to get legal heir without mentioning about my mom and didn't include as a plaintiff against district registrar and tashildar. And received legal heir. Now, since my mom expired, as a legal heir of her, shall I claim it and proceed for against this court order?



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 13 Replies

Suhail suhail (LAWYER)     03 March 2019

You should submit application before the  district registrar and atehsildar instantly and state evrything in detail also give your family pedigree chart. Submit applications before the mutation offices for they may enter in the records their name.

You must claim your share at once without any further fail of time. If the property documents are already effected anywhere challenge them and get them quashed .

 

 

Kalaidasan   03 March 2019

When a female A die intestate with no child and divorced husband ...A has no father and mother alive at the time of A death A has 4 sister and one brother ( one of her sister B died before A died)....will sister B sons and daughters will get share...the A alive sisters and brothers obtained a legal their without mentioning B name in legal heir got the property by their legal heir and sold to their sons and daughters respectively...now they say they are class 1 legal heir and we come as class 2 legal heirs in their argument...is it true...A mother is alive at the death of A ...pls clarify

Kalaidasan   03 March 2019

When a female A die intestate with no child and divorced husband ...A has no father and mother alive at the time of A death A has 4 sister and one brother ( one of her sister B died before A died)....will sister B sons and daughters will get share...the A alive sisters and brothers obtained a legal their without mentioning B name in legal heir got the property by their legal heir and sold to their sons and daughters respectively...now they say they are class 1 legal heir and we come as class 2 legal heirs in their argument...is it true...A mother is alive at the death of A ...pls clarify

Suhail suhail (LAWYER)     03 March 2019

All are real blood brothers and sisters ?

 

Raja Sekar   03 March 2019

Yes sir blood related brothers sisters my mother expired before my aunty is my mother's sister A expired but my grandma that is A ' s mother was alive when A died intestate..

Suhail suhail (LAWYER)     03 March 2019

The real bothers and sisters shall have equal share and if any othe brother or sisters is expiered his/her legal heirs shall have the equal share in their parental share.

You and your siblings can claim the share of your aunt through your mother as each of them i.e your aunties, uncle and your mother will be equally and distributed the shares equally as all of them are similarly situated. Just don' waste any more time you should file suit and get a status qua on all of the properties.

In the suit make the tehsildar as proforma defendant 

 

Raja Sekar   03 March 2019

Thank you sir what about their saying of class 1 and class 2 legal heir we are coming in class 2 legal heir....but my grandma was alive when my aunty died..will it helpful to us ..pls say about their legality defense they make as legal 1 and legal 2 heir

Suhail suhail (LAWYER)     03 March 2019

That was your grandma too ..right.

 

Raja Sekar   03 March 2019

Yes my mother's mother she was alive at the time of my aunty dead

Suhail suhail (LAWYER)     03 March 2019

Just file the suit ,and challenge their legal heir certificate too.They are trying to take advantage of what they don't otherwise deserve. Since your Grandma has also not leaft any will ,the entire property shall be divided equally among the other sisters and nrother or their children.

Just drag them in litigation and secure a status quo on the properties  order in the first place . Challenge any other order or entry by them ,finally they will come to solve the issue amicably.Proceed...
 

Suhail suhail (LAWYER)     03 March 2019

Just file the suit ,and challenge their legal heir certificate too.They are trying to take advantage of what they don't otherwise deserve. Since your Grandma has also not left any will ,the entire property shall be divided equally among the other sisters and brother and children of deceased.

Just drag them in litigation and secure a status quo on the properties  order in the first place . Challenge any other order or entry by them ,finally they will come to solve the issue amicably.Proceed...

Raja Sekar   03 March 2019

Thank you so much for your kind reply sir

Shashi Dhara   03 March 2019

File suit for partition.when Ur mother's sister died intestate her entire property was inherited to her mother i.e Ur grand ma.if she has died intestate then entire property is divided betn her son and daughters. So Ur mother's share is succededit by u Ur brothers and sisters. Equally.

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