kutti (services) 07 August 2011

Grand-daughters as legal heirs

Hi there, please help in the following issue -

My father passed leaving behind me, my mom and sister. Recently my paternal grandpatrents passed away. My father has one brother, he is married and now he is bother us and not giving any property that belongs to my paternal grandparents. My father's brother (Uncle) recently applied for legal heir/family certificate w/o including either my mother's name or me&my sister's name. He is trying to cheat us. Will my mother or her two daughters come under the purview of legal heirs. If yes whom to contact for applying this. My grandparents did not leave the WILL. Please advice.

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Adv. Chandrasekhar (Advocate) 07 August 2011

your grand parents died without leaving a will and it is called "intestate". Thisn intestate property (ancestral property), as per hindu law, to be devided to equal halfs to the two sons of your grandparents (means your late father and your uncle). Your mother, yourself, your two sisters are the legal heirs of this 1/2 share of your grand parents' property. This half share can be devided amoungst you four equally.

You immediately take full details of the case filed by your uncle for legal heir certificate and also immediately all four of you file objections in this case and regularly attend the court proceedings. If you want, you can file partition suit also making yourself, mother and sisters as plaintiff and your uncle as defendant for distribution of equal shares as per law. This, what I said, is applicable to Hindus only.