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Rajendra (CS)     12 April 2012

Property - succession

Dear Mr. Members,

My query is as follows:

Mr. A (Hindu from Gujarat) has expired leaving his wife, two minor children, widow mother and married sister, he was having ancestral agriculture land in Gujarat.

How his widow wife got remarried to some one and taken away their children with her, and gave undertaking on non judicial stamp paper about relinquishment of her shares.

Now can she or her children can claim any right on the land. What if children' s new father in entering into adoption deed.   


 3 Replies

saravanakumar (Lawyer)     12 April 2012

Dear rajendra..,


After death of husband- wife , mother and childerns became the first class legal heirs they all have equal right over the property. The property is an ancestral nature-wife, mother and childern have right over the husbands share.

Even wife got remarried she has a right over the property.




Rajendra Kumar (clerk)     12 April 2012

Dear Mr. Members,

My quarry is as follows :

Hari Prakash got a part in the joint property through distribution among his father and uncle n 1931. Hari Prakash has one brother and further part as received by his father was distributed between Hari prakash and his brother in 1939.Hari Prakash has 2 sons and 2 daughters. He wrote a will in 1971 and distributed his property part between his two son Ramesh and Suresh and written in his will that both son comply all family, social and other relivent formalities to their sisters.Mr Suresh die in 1982 and Mr Hariprakash die in 1983, after death of his son suresh. In between no further distribution or etc were done by Mr Hariprakash.  Hence, the part of property, which was written through will by Mr Hariprakash in favour of Mr. Suresh, the wife of Mr Suresh, one son and two doughters (all are married) are the successor of Mr Suresh.  Wife of Mr Suresh needs to sale this part of property to third person, for which signature of wife of Mr Suresh, Son and two daughters are required in sale deed.  But one daughter of Mr. Suresh is telling to her mother that one part as a share of money as received may be given to me (i.e. 1/4) and Wife of Mr Suresh and his son is telling that they will do all family, social and other formalities as being due time to time shall be completed by them in very well manner, but daughter of Suresh is need only her share amount besides the relivent formalities.

Please advise what to do in this circumstances ?

Rajendra Kumar (clerk)     12 April 2012

Dear Mr. Members,

My quarry is enclosed in attached file.

Please advise me what i should do.

Rajendra Kumar

Attached File : 736387845 law advise.docx downloaded: 106 times

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