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Rajeev Kalra (private)     20 February 2014

Rights of grand son and grand daughter

Pls. advice on the following matter :

Flat purchased by my mother in her own name in 2000. Father expired in 2008 and mother expired in 2013. We are two brothers and one sister.  All married.  All staying separately. All of us ( My brother, Me and Sister ) are having good cordial relations.  Sister with her two children is staying in Mothers house as sister is widow. There is no Will left by my mother.  

My brother and his wife have disputes among themselves and divorce case is pending with the court.  They having two minor kids ( one son and one daughter).

Now My brother's wife has lodged a case under section order 39 rule 1 & 2 read with section 151 of CPC.  The plaintiff''s are My brother's wife with her two minor kids and Defendants are My brother, my sister and Myself.  The prayer to the court is to stop us from selling my mother's flat without plaintiff's consent/approval as they also have interest/share in the flat being ancestral property.

Pls. advise.



 1 Replies

adv.raghavan (Advocate,9444674980)     20 February 2014

since your mother died intestate, the property devolves upon the legal heirs automatically, Your brother wife is entitled for a share only in her husband share. So she is fighting a losing battle.

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