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SuvP   28 August 2016

Share of land in deceased mother's ancestral property

I am single daughter of my parents residing in Maharashtra. My mother's  mother (maternal grandmother) had some land in her name passed to her via ancestral property. My mother's father (maternal grandfather  passed away many decades ago) . My maternal grandmother passed away around 10-15 years back. Following which the property share was passed to her children including my mother. My mother passed away 5 years back and I live with my father. Due to cheating and threatening nature of my mother's siblings especially her younger brother, my mother had not nominated anyone for her property share in her mother's land. Now, my mother's brother is asking us to provide him with my mother's death certificate so he can produce it in the panchayat and get the land cleared under his name.
We don't have any legal papers about the land. Infact, we are not really sure about the location as well. ASking my uncle for the papers is a daunting task, because he abuses and threatens everyone. He has been doing this since decades. We don't take action because we are already troubled by my father's health issues and other pressing concerns. My uncle claims that we don't have any right to the land since my mother has already passed away. In this case, do we have any right to the land? We are hindus and reside in Maharastra, the property is also in Maharashtra.



 4 Replies

Kumar Doab (FIN)     28 August 2016

Hindu Succession Laws:

>>> Hindu male: ClassI legal heirs are; Mother, wife, sons, daughters.

 

 

>>> Hindu Female; In case of self acquired/self earned/absoloute property;husband, sons,daughters.

In case of property acquired from Father: sons,daughters and in case there is NO : sons,daughters then legal heirs of father.

 

In case of property acquired from husband: sons,daughters and in case there is NO : sons,daughters then legal heirs of husband.

 

Since your mother has left survivivg husband and daughter her brother has no claim/share.

 

You may visit the local revenue office/officer e.g; patwaari and obtain mutation record and all link documents.

You may have to submit the death certificate and legal heir certificate/affidavit as per prevailing local rules and then inheritance shall be recorded in name of deserving legal heir/successor, as per law.

 

If you are facing difficulties/challenge lean on your able cunsel specializing in  revenue/family/property/civil matters.

 

saravanan s (legal advisor)     28 August 2016

Since your mother had died intestate you and your father are her legal heirs.your uncle cant lay any claim over her properties.as told by kumar sir you can apply for lhc and mutate the property on both your name and your fathers by making an application with relevant documents at the tahsildhar office.you can also get certified copies of the documents by making application

Agastya   28 August 2016

The replies above are exactly what you need to do. However note a few things. You don't know the location of the property. So it is likely somewhere in your village far away. Legally as mentioned above you have a share. You need to go to where it is known to be located. Find a relatives place over there with whom you can stay for a month. If you do not go there whatever action you take from present location has zero value. You have to pay money to the village accountant and ask him to do a search based on your known information of mothers name and her mothers name. Please note since your uncle is local he will have some hold over these officials. Many times these govt. officials take money from you and pass on same information to your uncle. Or they may find the relevant details and simply keep quite not informing you. If this property value is big then you have no choice but to camp at the village and collect the information. You may need to speak to living relatives. Most likely your mothers share will be adjoining to theirs. If you delay then it is not a big task for your uncle to come to your city and get a copy of the death certificate. Decide if the property value is worth the effort. If it's only few lakhs better forget it. The amount of work to track it and do the legal procedures to claim it is equal to its value. As stated you have to be at location physically. Nothing happens via remote control in village property cases. If it is more than 20 lakhs in value then do the steps discussed above.

Agastya   28 August 2016

One side attack method. If this uncle has threatened you personally then lodge a police complaint FIR stating the facts. Take its copy and find out the women's protection wing of your state government. Meet them and give that police FIr copy. Or post it to them with your full name and contact details. You must act fast. No point in thinking too much. If you want the property and if it had a reasonable value act today. Steps are mentioned above.

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