Can aunts claim right on nephew property
arun
(Querist) 09 September 2017
This query is : Resolved
Sir
my grandfather have a son and two daughters both married. After the death of my grandfather in 1960 the property was transfered in the name of his son(my father) in 1982. now the property is in my name soon after my father expired on 1995. can my aunts or her children claim right on the property? As we belong to hindu community
Rajendra K Goyal
(Expert) 09 September 2017
Daughters have right in the property of their father if expired intestate.
In the given facts they can claim.
Kumar Doab
(Expert) 10 September 2017
In case of Hindu male: 1st right is of ClassI legal heirs i.e.; Mother (if alive as on date of death), wife (if alive as on date of death), sons and daughters……………..
In case the Hindu deceased male (owner) has not left any valid WILL then it is simple matter of inheritance ‘Intestate Succession’ and procedure, forms etc are available in office and even on website.
The death certificate, legal heir certificate are basic requirements.
Post submission of requisite docs the ownership by inheritance is transferred to Class1 legal heirs.
Did other ClassI legal heirs ( of Grandfather and then Father) dispose their share (in favor of your father and then you) by some valid/registered deed say; relinquishment/release/gift/sale/transfer etc etc?
Per which valid rule/local laws property was transferred in favor of your father and then you, alone?
Kumar Doab
(Expert) 10 September 2017
Nature of property is self acquired or ancestral?
Kumar Doab
(Expert) 10 September 2017
Succession opens on date of death of owner.
In your matter posted by you succession has opened in 1960, 1982.
What are/were extent and applicable rules in your state at the time succession opened as applicable in your case and also say; succession per Dayabhaga, Mitakshara school?
It is a possibility extent rules were complied, in matter as posted by you.
Hope you have the copy of all mutation records with all link docs.
If aunts have raked up a dispute and/or approached court of law, then you may defend on merits.
P. Venu
(Expert) 10 September 2017
How was that the property was "transferred" in the name of your father?
Sudhir Kumar, Advocate
(Expert) 10 September 2017
In whatever mode property is trasferred in your father's name and in whatever manner it is transferred in your name.
The claim against same is belated and time barred.
Adv. Yogen Kakade
(Expert) 11 September 2017
Mr. Arun, If your aunts want to have a share in the property now, then firstly they have to justify the long delay in questioning the same. Further the matter shall be decided on merits. It is advisable for you to meet a local lawyer.
