legal heir for divorced female with no children

Good morning sir. My mom's father (grandpa ) expired in 1973. My mom's elder sister 'D' who got married, divorced in 1979 by mutual concern. She has no children. She was worked as a govt teacher. She bought 4 plots in her own income. My mom expired in 1991. My mom's mother (grandma) expired in 2007. My mom's elder sister ' D' expired in 2008 without writing any wills. Now my mom sisters are 4 and brother 1 alive. To take rights on her property, my mom's sisters and brother moved to court to get legal heir without mentioning about my mom and didn't include as a plaintiff against district registrar and tashildar. And received legal heir. Now, since my mom expired, as a legal heir of her, shall I claim it and proceed for against this court order?

Which personal law applies in your case?

Are all involved Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Have you consulted a very able LOCAL counsel? If yes, what is the opinion? Was the opinion in writing? Did you pay any FEE?



The divorced husband is not more a husband.

You have posted many queries in many threads.

The concealment may become fraudulent act in court.




Understand the basics;


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..


In case of Hindu woman as in query the property has not devolved from husbands, parents’ side.

GO thru; Hindu Succession Act 1956; 15, 16

And more so 15(1);

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

Since mother and father pre-deceased then look into (d)

Here since the legal hier certificate/succession certificate was obtained by concealing facts about your mother also being a daughter…you can agitate.



Since you are unable to handle the matter(s) on your own; 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.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; 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  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.

There have many instances of such entities operating with multiple fake Id’s at online portals.



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.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.




In the meantime you may go thru;


Supreme Court of India

Omprakash & Ors vs Radhacharan & Ors on 5 May, 2009

Author: S Sinha

Bench: S.B. Sinha, Mukundakam Sharma







                 CIVIL APPEAL NO. 3241 OF 2009

     [Arising out of Special Leave Petition (Civil) No. 460 of 2008]


At the time of D death who were alive her sister and brother s will only inherit. Ur mother is deceased in,1991i.e before Ddeath so it is waste of time going to court &also money etc

Heirs of father include pre-deceased sons, daughters…

Let your own LOCAL counsel look into all issues posted by you in all threads and opine in person after examining all docs, inputs. Thus errors can be avoided.

Moreover online discussions are not any substitute to in person consultions with a very able LOCAL counsel.

Avoid sharing names of counsels at online portals and also with OP and try to get influenced or your LOCAL counsel getting influenced..


Consulting very able LOCAL counsel is not litigation or case in court.

Come back with written opinion of your own counsel.




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