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Amit Srivastava (CLC)     15 June 2012

Maternal inheritance

My maternal grandfathers were two brothers. Elder brother (Mr. X) was having only one daughter that was my mummy (mother) and the younger brother (Mr. Y) was having 6 sons and one daughter. In order to keep all the ancestral property within family Mr. Y wrote name of Mr. X  as fathers name in the school certificate of 3rd and 6th child belonging to him.

Mr. X was in Govt service and was bed-ridden due to illness before his retirement. In order to claim Govt job, a adoption certificate was prepared showing that Mr. X has adopted 2nd child of Mr. Y. After death of Mr. X, adopted child claimed the Govt job and also got transferred all the properties such as farm land in his name. My mother made no claim for anything in her lifetime. Now she is no more. We are three brothers. Now can we make any claim to get the properties as a legal heir? If yes, what should be the procedure?



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 June 2012

You can file a suit for partition for culling out the share of your mother in the said property. Your mother was equally entitled as her brother (adopted or natural) for the property. Serve them a legal notice and then file a suit if need be.

 

Feel free to talk ! 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 June 2012

Brother Bharat  advise is correct in my opinion. As far as limitation of suit is concern, the  Limitation Act, 1963 does not provide any specific article for suit for partition. Therefore residue article 113 applies and one can file suit within three years from the date of right to sue accrues. 

Amit Srivastava (CLC)     16 June 2012

Does it means that the claim is time barred?

What legal recourse does I have?


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