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Pravi (-)     10 February 2012

Property division

Dear Sir,

I have a query regarding property division. It has become a complication now so I will put the issue in detail. Kindly take a look into and advise.

Here is the family tree of this dispute:

My grandfather had 3 children:-

1.Son  2. Daughter 3. Son

Grand Father did not divide the property till his death. So the property was cared by the 1st son.

When the time of division came (2001), Daughter said she don't want the share and so two brothers divided the property equally while she was still alive. But her signature is not taken on the papers but only her wish was recorded in the papers. She died about 10 years back now (around 2003). Later both the brothers passed away (2005). Now the property of the 3rd son was trasferred to his wife (my mother) after his death. My mother is still living with us. Recently, the children of the deceased daughter, have come asking for the share in property. We belong to Christian community.

Now could you pls advise us what we should do regarding this.

1. Whether they are eligible to get the share in property if the issue is taken to court?

2. What could be the option for us to retain the property with us.

Thanks in advance for your reply

with regards



 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 February 2012

Naturally sons of the deceased daughter has to claim the property of their mother.

1 Like

pradeep (na)     10 February 2012

But the property is not in their mother's name who is passed away. In such case also can they claim?

Pravi (-)     14 February 2012

Thanks for your reply.

Can u pls elaborate about how it happens, and any legal way available to stop them from taking the share in property.

Thank u once again...

Chaitanya_Lawyer_Mumbai (Lawyer)     16 February 2012

children of deceased daughter has no right in the property.

Let them fight in the court if they want,you will win.

I am not sure about christian succession act,but as per Hindu succession act,daughter of a person deceased before 2005 had no rights in the property,only maintenance rights were there.

1 Like

Pravi (-)     23 February 2012

Thanks for the info providd. Can u pls let me know whether it works in our favour even under Christian succession act.

Thanks a lot in advance.

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