claiming of rights on ancestral property

g.vijaya kumar (Querist) 05 June 2010 This query is : Resolved
parttition for 20 cents of lands in Kerala from my mother side which was completed some where in 1970's and my mother got 08 cents of land and part of a building. The other parties namely my grand mother, three uncles and two aunties got their share in the 12 cents along with the other portion of the building. In due course, my grand mother expired, one uncle and two aunties leaving their heirs. In the year 2008 the elder uncle who was a disabled and unmarried and passed without leaving any will. The most important thing is the younger uncle along with his family consisting wife and four childrens residing in some part of the building and leaving some of the part for rental duly enjoying the full benefit of the rent and other income. He also not willing to allow any other legal heirs to share the building and also not to give the shares to others. I want to know that:
1. Whether my mother is entitled to the share of my grand mother ? If so how we can claim it?
2. Who are eligible for the share of my deceased uncle who was disabled and unmarried and what is the speedy process to claim it?
3. How can we vacate the tenants from the building who were allowed by younger uncle without the consent of others?
4. What are the legal actions can initiate against my uncle?

Follow Query

Report Abuse

R.R. KRISHNAA (Expert) 05 June 2010
1. Yes.

2. Your mother and other surviving legal heirs of your grandmother are entitled to share in your deceased uncle's property

3 & 4. Your mother needs to issue a legal notice for partition of the property claiming share in accordance with the death of her mother and brother and file a suit for partition. Also your mother can issue another legal notice to the tenants residing in the property to pay rents to her.

My best suggestion would be to peacefully negotiate with your uncle over the shares and rents of the property and an amicable arrangement can be worked out for the benefit of all.

Best regards..,

Ruchi Gupta (Expert) 05 June 2010
ur mother is entitled to the share of only ur grandmother & not of uncle. For tenant, ur moher as to file a suit for partition.

niranjan (Expert) 05 June 2010
Mr. Krishna's reply is perfect.

Pankaj Mehta (Expert) 05 June 2010
agreeing with the views of my learned friends, in my opinion Mr.krishnaa resolved very well, definately surviving legal heirs will inherit the share of deceased uncle if he died intested.