Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Vikas (Sr. Manager - Finance)     09 September 2011

Legal right

Dear All,


We have a house which was bought by my grandmother (my mother's  mother ) and my maternal uncler (my mother's only real brother) . The house was intitally registered in the name of my grand mother. However my grandmother has passed away and so have my maternal uncle. Since my maternal uncle had no issues, he is surrvived by his widow wife.

Currenlty ground floor of the house is occupied by my mother , who is staying with my younger brother and his wife and kid (we as a family had stayed there since our childhood, but i eventually moved in my own house after marriage with my wife) My maternal aunt has the possession of both first and second floor .

I want to know , if there are any legal rights with me for asking for my own share of the house , before/after the my maternal aunt passes away, given the fact that house is still in the name of my maternal uncle/my grandmother.






 4 Replies

Your mother being a legal heir of property can file a suit for partition. Property will be divided into equal halves one is of your maternal's uncle and other of your mother.

Vikas (Sr. Manager - Finance)     10 September 2011

Thanks for the  revert, But can I go ahead and file a suit for my share.. As currently he is in possession of property .

Basically I donot want my share. I want a suit of injunction against my mother (from transferring entire by property to my younger brother, since my maternal aut is very old and has no issues) and my brother (from selling the property.

james bhatti (Advocate)     10 September 2011

Your mother should file a suit for partition and she will get her share. Only she has the right. You have no right till your mother is alive.


On the day your grand mother died, the property standing in her name was inherited by your maternal uncle and your mother in equal proportions(provided your grand mother died prior to your maternal uncle) On his death, his share would devolve upon his widow i.e., your maternal aunt. She is the full owner of that share and can dispose it off during her life time by sale or by will. In case of her dying without disposing off the said share whether by sale or will, her share would pass in the absence of any of her son or daughter at the time of her death(including the children of any pre-deceased son or daughter)upon the heirs of the husband i.e., your mother.

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