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Shetal (-)     29 November 2012

What amount of share to be legally offered

This question is about my maternal family's inheritance. My mom's(expired 3 month's back) family has 62 cents of land in  a town in Kerala which is in the name of my grand father who passed away 40 yrs back. My mom had 3 brothers(1 elder and 2 younger) and 1 younger sister.Elder brother died 16yrs back and was unmarried. Her first younger brother(X) married a woman 35yrs back. After 3yrs  they had a kid. My uncle(X) was working at Iran during the period and he used to send his wife his salary. When the kid was 3months old he returned to kerala to start his own business. His wife and her family said they don't have any money. My uncle(X) became mentally ill. His wife took the kid and left home. She didnot spend a single penny for his treatment. She filed  a case for divorce and another on the property claiming she requires my uncle's share. My mom younger brother(Y) was looking after the mentally ill uncle. My mom and her sister was funding his treatment. Now 2 months back this mentally ill uncle died due to a heart attack. His wife( or ex wife) is living with an other man.His daughter  who is married now and           31yrs old is working in Saudi Arabia has not spent a single penny on her father. Now they are claiming for the entire property. My mom's maternal family( last younger brother(Y), sister, me and my brother) wants to sell of the property.  Now the question is should we have to  give anything to this uncle's wife. She says she is not divorced but living with other man. We are ready to give her daughter but  not an equal share. we want to give  half of this dead uncle's share to be given to my last uncle (Y)since he has taken care of (X). Since X' daughter has not given a single penny for her father will she be eligible for her father's share. We have even a doubt on her paternity since the mother's character is not good. Pls suggest. Should we  ask her to prove her paternity to acquire her share. If so should she given the entire share of her father. Can the maintenance not given to father since she has a job can be take in to account and half of the share to be given to her.



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