property claims

Querist : Anonymous (Querist) 27 December 2010 This query is : Resolved
Sir
My father has been expired on six months back he has one residential property under his name at thane maharashtra as he is expired he has not made any nomination and will for the property my question is that my father brother`s name is present in the ration card of our family he his married and well settled in gujarath can he has the right to claim the property and what is the procudure for us to claim?

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Devajyoti Barman (Expert) 27 December 2010
If that property at Thane is your father's self acquired property then yor uncle has got no share in it and you all(widow, son and daughters) can eually divide his properties amongst yourselves by partition.

SAANJAAY GUPTAA (Expert) 27 December 2010
ye sagree with Mr.Barman

Advocate Bhartesh goyal (Expert) 27 December 2010
Mr.Barman is right.

adv. rajeev ( rajoo ) (Expert) 27 December 2010
Ration card does not give right to claim the property to your deceased father's brother, if the property is self acquired property of your father, if it is ancestral then your uncle has got right to claim his share.

s.subramanian (Expert) 27 December 2010
I agree with Mr.rajoo.

Khaleel Ahmed Mohammed (Expert) 27 December 2010
Holding ration card, electric bill,telephone bill etc does not constitute rights over the property.The legal heirs of you deceased father are entitle to succeed his property.

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