Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Debashree b   23 August 2020

regarding expired uncle property

my father were 5 brothers all are expired.. my father was eldest brother.. my 1st uncle was married(married since nov 1996) but not having any children, aunty is stying separated from my family and uncle from 1997 only bt not legaly took divorce from my uncle.. rest 3 uncles were unmarried.. my 2nd uncle purchase a house in the name of my 1st uncle whose wife is alive and my 4th uncle (unmarried)... now aftr deathe all my uncle i am stying in the same house tried to cntct my aunty bt my aunty is not coming neither she is cooperating with us.. can u suggest what is my rite in this property and how can i get it..



 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     23 August 2020


Your aunty will is legal heir for your uncle. Your aunty has not taken divorce from your husband till today. So after death of your aunty you will can claim the property in your name. 


kavksatyanarayana (subregistrar/supdt.(retired))     23 August 2020

As per me, your 2nd uncle who is unmarried purchased the land. so your first uncle's wife cannot ask it.  If you have no siblings, then you can claim it after obtaining the death certificate of your father and his brothers. Then apply for Patta in your name. 

1 Like

Advocate Bhartesh goyal (advocate)     23 August 2020

You said Your second uncle purchased a property in name of your first  and  fourth uncle,your first uncle's wife is alive and all your uncle and father are expired...

In such scenario your aunt and you both have right to get the property muted in joint name.

1 Like

Debashree b   27 August 2020

thanks for all of your reply... as my aunty is not at all cooperating can i do the process alone? and my 2nd question there any chance i can claim the entire property?

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