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lancy (Technician)     21 December 2008

Inheritance of orphaned grand children

My grandfather had two sons. My father was away, while my uncle stayed with him. my grand father had no will.My parenst died in 1978 and 1984, i was born in 1966. My Uncle during his last days made awill and transferred all the propety to his daughter who too expired transferring the same to her son.Can i get my share in the property.


Learning

 6 Replies

Mohamed Ali (employee)     22 December 2008

hi, Lancy, If u get answer for ur query, Just mail me to, I am also facing same kind of issue, jmandayam@yahoomail.com..

AEJAZ AHMED (Legal Consultant/Lawyer)     22 December 2008

Lancy,


Exactly you are having right to claim your share in the property of your Grandfather, collect all the related documents of the Property as well relationship with your grandfather and file suit/claim in the civil court against the Grandson of your Uncle   

sanjeev murthy desai (Advocate)     24 December 2008

 


I agree with Mr. Aejaz  and if the properties are ancetral you wil have the equal rights, otherwise properties are self acquired of your uncle, you dont have any rights that Properties.


 

JAGADEESH GOVIND (ADVOCATE)     27 December 2008

Sir,


Whether the above case is hit by limitation Act ?


I think Mr.lancy ought to have file suit on attaining 18 years of age ie on 1984.


JAGAN

sanjeev murthy desai (Advocate)     30 December 2008

Dear Mr. Jagadeesh,


thereis no time limit to claim ancetral property.


sanjeev desai

V.V.RAMDAS (Advocate)     30 December 2008

Dear Lancy,


 You have got right in the proerty to the extent of  the share  of your  late father i.e. 50%. But question of limitation arises for filing a suit. Your right  begins/accrues from the  day when you become majorand the day when you got knowlege about "will" and the day  when your uncle died, which is the cause of action for the suit. You can file the suit  by showing all the above points are just come to your knowledge but  you have  to prove through evidence that the property is of your ancesters. More over  it is adviseble to fight for your right.  (Ramdas)


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