Regarding land
Vinod R Kolkhede
(Querist) 26 February 2013
This query is : Resolved
One of my Friends' uncle died around 15 years back and then Aunty got married to another persone after two years of uncle's death. Auty did not have any child from first marraige but she has two children from second married. This is Hindu Family. After death of Uncle the Agriculture Land gone to Aunty (the property Document, 7/12 extract as per Maharashtra Government revenue department is on Aunty's name)however Aunty did not turn back from 15 years and the possetion of that land is still with my Friend. I need advice from my friend's side. Now my friend claming this Land. My frind is claming that he has ragister will of his grandmother in which the property should got to him and his brother. Grandmother is no more now.
1) Whether he can claim this land. Can he file civil suite for Adverse possetion , declaration and do not interfere with possetion.
2) After second marrage whether Aunty's right on property dissolves automaticaly. Because she is not part of first Hindu family and hence can not taken aways property from first hindu family.
3) whether Property will go half half to my friend's grandmother and Aunty. Because as per the Hindu succesion Act property should go each half to widow and mother.
Please suggest something on behalf my friend.
ajay sethi
(Expert) 26 February 2013
on death of uncle his wife is the sole legal heir of the property.
if your friend has will of gradd mother what was he doing for so many years . he should on basis of said will made an application for transfer of property in his name and that of brother .
when did grand mother die? he should not file suit for adverse posession .
apply for probate of the will . prove that will is genuine
