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PAWAN KUMAR (backend executive)     16 January 2010

All property will be my aunty

Dear All,

My uncle got died last month. he did not make any will for family members. now all family members are quarreling with each others for property but my aunti still alive. what she will owener (legal owner ) of all property or all property divide all members(son, daughter in law, grand son & daughter, daughter.

Please suggest me otherwise they will kill each others.

thanks

 



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 8 Replies

Suchitra. S (Advocate)     16 January 2010

The property has to be divided equally among your aunty and her children equally. First they have to obtain succession certificate from court.

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 January 2010

 If no will executed by your uncle, then the share will be allotted by means of Law.

If your uncle is a Hindu, then his property will be divided in to equal shares among your aunt and children.

If your Uncle is a Christian, One third will go to your aunt and the remaining will be divided equally between children

1 Like

Nali Seshu Kumar (SOCIAL WORKER)     16 January 2010

dear pawan kumar 1st u xplain who is acquired the propertty in case the property is the self acquired property of deceased  ,after his death without any arrangements the same is called intestate property such a situation ,uncles mother  wife sons daughters are class I legal heirs they are entitled each seperated share from the estate of ur uncle ,daughter in law has no share unless ur uncle has pre deceased son.youmust try to settle the problem amicably explaining the reasons of sufferance of the parties, not co-operate issue legal notice for partition and seperate respective shares of each individuals .who has had a  share in the property.

Hardik Mehta (Family Counsellor)     17 January 2010

If your aunt is the Senior Citizen and the property is of your uncles, then she can be protected from the Senior Citizens Act 2007, under protection of life and property. As long as she is alive, the partition of the property may not happen and no one can force her to sell the property. She is also the owner of the property after the uncles death.

PAWAN KUMAR (backend executive)     18 January 2010

sir this property acuired by itself my uncle. now uncle son wants all property. he refused to distributed all property all members. please suggest me & can be get share uncle daugher also. 

Hardik Mehta (Family Counsellor)     19 January 2010

Yes, the property can be shared with the daughters also. This provision has been made in the Hindu Successions Act amendment in 2002.

G. ARAVINTHAN (Legal Consultant / Solicitor)     19 January 2010

 in case of no will, then the self acquired property is to be equally distributed among wife and all children

rajkumar.vnm.marupeddi (advocate)     21 January 2010

As per Hindu Succession Act, in absence of any testamentary disposition, the property of deceased person shall devolve upon his Class-1 heirs, mother, wife and children. So, all of them are entitled to undivided equal shares in the deceased's property with  joint rights.


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