arka pradhan (Proprietor) 19 June 2014

Do i have the right to the property

Hello,

I'm new here therefore please excuse me if i go wrong any where.

My grandmother (maternal) had a property in lucknow. But she died in 1998 with no will. In the mean time my mother also passed away in 2001. Now my maternal uncles are planning to sell of the property saying i legally dont have any claim to the said property.

Are they right ? Or do I have the right to claim my mother's share. We are hindus and i suppose we follow dayabhagya school of law.

PLEASE ADVISE

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3 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 19 June 2014

You are also entitled to get share over the property. Therefore, your maternal uncles can not alienate the entire property.

Laxmi Kant Joshi (Advocate ) 19 June 2014

yes you have share in the property of your maternal grandmother, the whole property will equally divide among your maternal uncle and his sibling , in condition of death of any his/her sibling then children of deceased are entitle to get share of their mother/ father , therefore fight for your right .

Kumar Doab (FIN) 19 June 2014

The property of a female Hindu dying without WILL shall be distributed according to the rules set out as following -

1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters
If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters

Approach a local lawyer dealing in such/revenue matter and if required proceed legally.