Property rights of son of deceased mother

THANKS FOR THE REPLY SIR. 

AT PRESENT MY NEPHEW IS 17 AND HALF YEARS. MY BROTHER IN LAW IS MARRYING NEXT MONTH ONLY BEFORE MY NEPHEW IS GETTING 18 YEARS OLD.   HOW TO GO ABOUT NOW? WAIT TILL HE IS 18 YEARS OG AGE OR ACT NOW?

Originally posted by : DR RAGHAVA REDDY L
	THANKS FOR THE REPLY SIR.  AT PRESENT MY NEPHEW IS 17 AND HALF YEARS. MY BROTHER IN LAW IS MARRYING NEXT MONTH ONLY BEFORE MY NEPHEW IS GETTING 18 YEARS OLD.   HOW TO GO ABOUT NOW? WAIT TILL HE IS 18 YEARS OG AGE OR ACT NOW?

Do you see patients free of cost? consult a advocate and take advise.

It is believed that they are all Hindu.

Confirm!

In case of Hindu male: 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……………… They shall share equally.

In case of Hindu Woman: The nature of property and its source maters. So you may post she acquired property from whom say; parents, husband,father in law,………….?

Property in the name of Grandfather:If it was self acquired/earned by grandfather, then Grandson ( nephew as in query) has NO forced share.

After grandfather’s death it shall devolve equally upon his ClassI legal heirs. Property that devolves by inheritance is nature self acquired. So his son (father of nephew) can dispose his share as it pleases to him in  anyone’s favor by a valid/registered deed.

Property in the name of Grandfather:If it was  ancestral in hands of grandfather, then Grandson ( nephew as in query) is Co-parcener and has a share out of share of his father. His { Grandson ( nephew as in query) } father is alive as on date.

In case of Hindu Woman: The nature of property and its source maters. So you may post she acquired property from whom say; parents, husband,father in law,………….?

If it was self acquired/earned/absoloute then:  the 1st right is of husband, sons, daughters (born from her womb)………………They shall share equally. Your nephew has equal share.

The authority under whose jurisdiction property falls say;MC,  usually keeps the procedure for transfer of proeprty on its website and has set forms/procedure.

In case of deceased mother it is simple case of inheritance (Intestate Succession) and Legal heir certificate (some location may accept legal heir affidavit),death certificate are basic requitrements. Usually there is NO fee for it.

Obtain mutation record (fard) showing property in the name of deceased mother and apply for Intestate Succession and obtain updated mutation record (fard) showing property in the name of legal heirs.

IN case father (of nephew) his 1st wife has deceased so he can marry.You or anyone can not stop.

He (father) has to maintain his sons and daughters. They can claim maintanace.

Is father not maintaining his sons, daughters?

Originally posted by : Advocate Ram Babu
	Originally posted by : DR RAGHAVA REDDY L GOOD MORNING EVERYONE, I AM POSTING ON BEHALF OF MY NEPHEW, MY SISTER GOT EXPIRED IN THE YEAR 2013 WHEN MY NEPHEW WAS 15 YRS OF AGE.NOW HE IS NEARING 18 YRS AGE. NOW MY BROTHER IN LAW WANTS TO GO FOR SECOND MARRIAGE WITH A DIVORCEE. MY BROTHER IN LAW AND HIS BROTHER HAVE UNDIVIDED PROPERTY AMONG THEMSELVES WHICH THEY HAVE INHERITED FROM THEIR FATHER. NOW MY QUETIONS ARE 1) CAN SECOND MARRIAGE BE STOPPED? HOW DO YOU INTEND TO STOP IT? BY KIDNAPPING GIRL OR KIDNAPPING BOY? SECOND MARRIAGE CANNOT BE STOPPED.  HOWEVER I WOULD LIKE TO SAY, SECOND MARRIAGES WONT WORK, IT IS BETTER NOT TO TRY IN THIS REGARD AND SPOIL ONES OWN LIFE ALONG WITH OTHERS. 2) CAN MY NEPHEW CLAIM OVER THE PROERTY? YES, HE CAN CLAIM. 3) SHOULD HE BE A MAJOR FOR CLAIMING PROPERTY? YES, HE SHOULD BE MAJOR, COMPLETED 18 YEARS OF AGE. 4) HOW WILL BE PROPERTY DIVIDED? EQUALLY. 5) WILL HE GET ANY PROPERTY WHICH MY SISTER HAS EARNT HERSELF? IF SHE IS DEAD AND NOBODY ELSE IS TEHRE TO CLAIM HER SHARE, HE WILL GET THAT SHARE.   2)

Advocate Ram Babu Mister,

The husband of deceased wife is alive. So he won't have a share?

The son has equal share in self acquired property of father? Father is alive!