Rashika Dhurendra Singh 06 November 2018

right of a widow after husband's death in parental property

Greetings.. My father passes away this month, we are having a huge property but it is my grandfather's property, no will is there, my father was having 3 brothers and 7 sisters.. His sisters (my grandfather's daughters) already claimed this but fail to have coz not appearing in the court so that case was expunge. Now there is no division of this property between these brothers, no brother (my grandfather's son) is alive... So kindly tell us how we can take our share.. What is the right of my mother in this property? How we get it legally. Thanku

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4 Replies

Dr J C Vashista (Advocate) 06 November 2018

You have already engaged an able, competent and intelligent lawyer, have faith in him/her and proceed as advised.

There is no need for second opinion and obligation of experts on this platform which is bound to differ with your counsel as it shall be based on limited facts provided by you.

G.L.N. Prasad (Retired employee.) 06 November 2018

Do not use the terms that you are not aware like Ex punge. Your father is legitimate co sharers of the property, and without giving his share and impleading his legal heirs, other co-sharers can not share on property of your deceased grand father. If there is no suit pending, contact your advocate and file a partition suit, impleading all necessary parties and obtain stay order against the property.

P. Venu (Advocate) 06 November 2018

The posting belies incorrect and incomplete information. Please post simple facts devoid of assumptions and presumptions.

Rashika Dhurendra Singh 06 November 2018

My father passes away, I m only daughter of my parents. The property is not self owned by my father.. It is my grandfather's property.. My grandfather's daughter claimed this but the case is suspended because that parties were not attending the dates.. It been 7 years we and other member (my father's nephew) is living in the perimises, we are not safe after my father's death.. Mutation is done through municipal corporation but we and any brother or sister of my father is not having any legal documents of my grandfather's property.. So in this situation what we can do? What is the rights of my mother? Could she is having the same rights as of my father? Shall we go with legal heir certificate or succession certificate? Kindly tell us..