Legal heirs for unmarried aunts property
SURYA
(Querist) 17 August 2016
This query is : Resolved
MY Grand father had 6 childrens,2 sons,4 daughters. Grand father SELF earned/acquired 40ACRES OF Agricultural land and 3 houses properties in DHARWAD CITY,karnataka State,INDIA and agricultural land situated nearby 15 kms.
(1)Daughter-D1-(Born 1929/Married in 1944/Death-2011)Husband died 1974 itself,leaving elder daughter 67 years,2 son 54 years&3rd daughter 48years(ALL ARE MARRIED)
(2)***SON-S1-(Born 1932,MARRIED in 1954,deceased 2012,leaving wife 3 sons and 3 daughters.1 son&1 daughter unmarried.
(3)Daughter-D2-(Born 1934/Married in 1952/Death-1998)Husband died 1999 itself,leaving 4 sons & 1 daughter(all are married)
(4)Daughter-D3-(Born 1940/Married in 1958/Death-2008)Husband died 2004 itself,leaving 2 sons & 4 daughters(all are married)
(5)***SON-S2-(Born 1947,MARRIED in 1973,deceased 1982,leaving wife 2 sons and 1 daughters(all are married).
(6)***Daughter-D4-(Born 1949,*UNMARRIED* deceased in-2016
I am one 1 son of S2 WHO IS 5th child of my grandfather.
MY grand father made REGISTERED WILL in 1987 & died in 1989.Grand FATHER GIVEN EQUAL SHARE TO
1st SON,
2nd SON&
TO last unmarried daughter
FOR OTHER 3 DAUGHTERS GRANDFATHER HAS GIVEN GOLD AND CASH.
NOW MY AUNT,i.e 6th last unmarried daughter of my grandfather has deceased in 2016 without making WILL or any documents,
****WHO ALL WILL BE THE LEGAL HEIRS IN OUR FAMILY****.
SHE LIVED WITH ME ONLY SINCE I WAS CHILD.NO ADOPTION OR LEGAL DOCUMENT IS THERE TO PROVE.ONLY SAME RESIDENCE ADDRESS THAT WE STAYED/VOTER I.D
Raj Kumar Makkad
(Expert) 17 August 2016
Merely living jointly with you shall not suffice to get the status of an adopted son unless some rituals have taken place therein and are provide properly.
The share of your unmarried aunt shall be inherited by her first class heirs means shall go equally to all her 5 brohters and sisters family
R.K Nanda
(Expert) 17 August 2016
Contact local lawyer.
Kumar Doab
(Expert) 17 August 2016
It is believed that you are Hindu.
The property received thru WILL might have acquired the status of self acquired property.
The self acquired property of Hindu female shall devolve as per Hindu Succession Laws to her husband and children OR heirs of father if received from father's side.
As far adoption is concerned if you succeed to establish that you were adopted then you as right of son may succeed to get the property of aunt.
SURYA
(Querist) 17 August 2016
YES WE ARE HINDUS, BOTH GRAND MOTHER ,deceased in year Feb 2011 and GRAND FATHER deceased in year 1989. All sons and daughters of my grand father died 1st daughter Dec2011 2nd son 2012, 3rd daughter1998, 4th daughter 2008, 5th son 1982, 6th UNMARRIED daughter in JUNE 2016
SURYA
(Querist) 17 August 2016
One more IMPORTANT***query my grand mother had acquired 10 Acres of agriculture land through WILL of her husband that is from my grand father in year 1987 same registered WILL,grand father deceased in 1989,two sons got 10 Acres aaupon the heirs of the father, and two sons got 10 acres each and another UNMARRIED daughter got 10 acres.My grand mother had given gift deed only to her 1st son two Grand children ONLY in year 2010/JANUARY. But in WILL Grand father written after grand mother death All 10 Acres Land shall*** go ***to their 4 daughters . But unfortunately Grand Father deceased in 1989. 2nd daughter died in 1998,3rd daughter in 2008 & finally 4 th UNMARRIED daughter in JUNE 2016. Now ALL married 3 daughters children's have challenged Grand mothers GIFT deed executed in year 2010 to only to two grand children deceased in JAN/2011. BUT grand mother got rights from her husband deceased in 1989, through REG WILL 1987. BUT GRAND MOTHER two married daughters died before her (1998 & 2008) ONLY 1st married daughter died after 9 months,but didn't Claimed her rights as per her FATHER WILL ,becos she wasnot interested.Grand mother lived Last 6years with those two grand children only. NOW can I (grand mother not made gift deed to me) also shall file a CASE& CHALLENGE GIFT DEED as already 3 married daughters CHILDRENS of my grand mother now after around 15 years they have challenged GIFT DEED of GRAND MOTHER. ****** DURING WILL Registered 1987 by grand father,ALL Married daughters GRAND sons and GRAND daughters were MAJOR .NOW they have challenged due to property value rise in market
aach
Rajendra K Goyal
(Expert) 17 August 2016
Agree with the advice from expert raj kumar makkad.
Guest
(Expert) 17 August 2016
Your need to consult some local lawyer to discuss in detail about the property and the legal heirs, existing or deceased, show him property documents and get appropriate advice, as any casual query or number of supplementary queries may not help you get solve your problem in real terms.
