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Mrs . Shanta Rani (Housewife)     25 July 2011

Query regarding Legal inheritance

I am a Hindu unmarried Hindu girl governed by the Hindu succession act. My Grandmother (my Mother’s mother) who owned a flat in Delhi (India) died Intestate almost forty years ago. At the time of her death, she was survived by her husband, 3 Daughters and 2 Sons. Of the 3 daughters, only 1 i.e. my mother was married and also of the 2 sons only 1 was married and stays separately with his wife and children.

Over the years, her husband, 1 unmarried son and 1 unmarried daughter also passed away intestate. Recently, my mother also passed away leaving behind 1 unmarried sister (aunt) and 1 married brother (my uncles). Recently, my unmarried aunt has also passed away (I am not sure whether she has left any will or not).

Even though significant time has passed, the property still is in my grandmother’s name, I wonder the following:

Am I entitled to a share in inheritance of my Grandmother’s property under the Hindu succession act , even if she died in early '70's?

Do I need to prove the source of income of my grandmother in acquiring the property?

Can my surviving uncle occupy, Rent, Sell, transfer or mutate the property in his name without my permission?

Please suggest as to what steps I should be taking up so as to protect my interest as currently nobody is staying in the said property and the keys are with my uncle who is refusing to settle the matter.



Learning

 2 Replies

Kundan Kr. Singh (Advocate)     13 August 2011

Shanta Ji surely you are entitled for the property left by your grand mother. As per your statement you  are entitled in the 1/2 share of your mother. You wiyh all other your brothers and sisters (if any) and your father, have equal share in 1/2 share which was inherited by your mother.

No need to prvove any income source.

Your uncle can not enjoy the property alone if you do not want the same.

Mrs . Shanta Rani (Housewife)     13 August 2011

Thank you for your reply Singh saab !

Just one clarification.....

What is the share that I along with all my other brothers and sisters  and my father are entittled to.... Is it 1/2 share or 1/3 ?


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