Grand father passed in 1948, no heirship

How your grandfather acquired the property may also be relevant to decide as to whether your aunt is eligible as legal heir or not.  If your father has shown the property exclusively in any statements / records may also be relevant.

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL) and notional partition may happen.

The gift deed cannot be backdated.

An attempt to creat false record may boomrang upon you.

GO thru the provisions of Transfer of Property Act, Registration Act.

The counsel that has seen mutation records with all link docs and has examined all inputs, applicable laws etc can guide you the best.

The property if self acquired/earned was not partitioned by a valid/registered deed and hence the opinion of your counsel may be right and in such case IT may futile to approach court as court may not deny the share to aunts.

If your aunts have a share then they can claim even mense profits.

Try to resolve the matter amicably.

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Revenue/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Civil  matters.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

A good and very able counsel may opine to go for settlement deed with boundaries on amicable terms, family settlement deed, ……………and aunts may…may agree for gift/release/relinquishment/transfer deed and your counsel can help to register the deed.

Or if the matter lands up in court of law court can decide the matter, even with boundaries!

Legal heir certificate/Family tree certificate/succession certificate is the requirement.

Any false/fabricated statement/document may boomrang.

If Lady did not have children and was not married and/or her husband predceased her then her legal heirs shall be as already explained.

Was your  father alive as on date of death of your aunt?

Post : Date/month/year of death of your grandfather, his wife, his mother, his sons, daughters..! 

A legal hier cannot be expelled/ousted just like that.

Ouster/Ousted is as per provisions of law, precedences.

Never post abbreviations/in SMS language as everyone may not understand IT.

Post in full words again.

Your posts affirm that you are all Hindu/Hindu Succession Laws apply in your case and your decased Father (title holder) has not left any valid WILL.

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

You need to submit death certificate of aunt, her legal heirs..

GO thru; Hindu Succession Act; 22, 23

The Hindu Succession (Amendment) Act, 2005

Supreme Court of India

Narashimaha Murthy vs Smt. Susheelabai & Ors on 17 April, 1996

Equivalent citations: 1996 AIR 1826, 1996 SCC (3) 644

Author: K Ramaswamy

Bench: Ramaswamy, K.

Supreme Court of India : Prakash & Ors. Vs. Phulavati & Ors; [SLP (C) Nos.21814 of 2008, 18744 of 2010, 28702-28703 of 2010, 28471 of 2011, 4217-4218 of 2012, 1299-1300 of 2013, 17577-17578 of 2013, 19816 of 2014, 5619 of 2015, 3805 of 2008, 9390 of 2015, 5680 of 2015, 35209 of 2011 and 15557-15558 of 2015 and SLP. (C) ....15560 of 2015]

 [Civil Appeal No.7217 of 2013]

ADARSH KUMAR GOEL, J.

Supreme Court of India

Danamma @ Suman Surpur vs Amar on 1 February, 2018

Author: A Sikri

Bench: A Bhushan, A Sikri

IN THE SUPREME COURT OF INDIA

                                        CIVIL APPELLATE JURISDICTION

                                      CIVIL APPEAL NOS. 188-189 OF 2018

                                      [@SLP(C) Nos. 10638-10639 of 2013]

     SUPREME COURT OF INDIA:

   Sita Ram Bhama Vs. Ramvatar Bhama

[Civil Appeal No................of 2018 arising out of SLP (C) No.11067 of 2017]

ASHOK BHUSHAN, J.

THE LIMITATION ACT, 1963; Article; 109, 110

And an illustrated judgment by Dist Courts;

Delhi District Court

Judgment:­ vs . on 17 March, 2017

                                             1

 In the court of Ashwani Kumar Sarpal, Additional District Judge­1,

             North East District, Karkardooma Courts, Delhi

                           Civil Suit no.­ 476496/15

                             Sh. Sumat Prasad Jain

                                            vs.

                       Sh. Bhagwan Dass Jain & Others

                                                 Initial Date of filing of the suit­­­­­­­­­­­08.03.2001

                                                 Date when the plaint was refiled -­­­­­­21.10.2009

                                                 Date when order was reserved­­­­­­­­--01.03.2017

                                                 Date of final decision­­­­­­­­­­­­­­­­­­­­­­17.03.2017

   (Suit for Partition, Possession and Permanent Injunction)

                          ========================

Now,   the   suit   property   is   to   be   divided   by   metes   and bounds   and   it   is   to   be   decided   whether   physical   partition   of   the property is possible or not and if it is possible, then which portion will go   to   which   of   the   party.     This   court   can   appoint   a   Local Commissioner   also   to   give   suggestion   for   physical   partition   of   the property   but   before   that   I   want   to   give   an   opportunity   to   all   the entitled parties to sit together and give any suggestion or any other solution   for   amicable   settlement   which   can   include   purchase   of another's   case   after   fixing   the   market   value.     In   case   no   such suggestion came forward, then the appropriate steps will be taken to pass the final decree after appointing a Local commissioner. 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and try to crease the differences..

and/or  find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Sucession/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Revenue/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Sucession/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Your LOCAL counsels can help to build irrefutable written record, build defense, avoid lapses/errors/plug loopholes, to defend your long term interest.

Your LOCAL counsels can also mediate/arbitrate/conciliate to arrive at mutually acceptable settlement on amicable terms and help to register IT.

You may also go thru;