Intestate succession


Sir,

 

I need your advise reagarding this issue. 

My friend's Father passed away (without any will) leaving behind his daughter,son, wife. So, my friend would like to transfer the property which is on his name to their name.

But father's living brother who lives in a village claims that he has share in this property also apart from the property that he enjoys which is in my friend's grand father's name.

My friend's family has no interest  in their grandfather's property. But would like to succeed her father's hard earned money. How can they now avoid their uncle's claim. How can they enjoy justice?

 

Please advise

 
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advocate

you can apply partition suit and got legal heirs certificate 

 
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Thank-you for the response.

 

But does that mean that their uncle has share on their house in the city.?

 
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 it is self earned property ?


Total likes : 1 times

 
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Yes, it is self earned property.

 
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LAW STUDENT

dear prijja ,

       if property is self earned and ur father dead instate then the property is divided into class one legal hire -1 only mean ur mother ur all brother ur all sister equally .

    if ur uncle claim on that property so please check what is the base of claiming . u go to tehsil and make a legal hire ship certificate and u all are the owner of that property.

 
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LAW STUDENT

u can also claim ur grandfather name property which ur uncle enjoyed it .

 
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dear prijja

                           Mr. Rajkumar well adviced u.

 
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