Reg ownership
suresh
(Querist) 27 March 2014
This query is : Resolved
Dear Sir/Madam
I am born in hindu joint family. my mother having 3 brothers and 2 sisters including my mother. My mother parents are passed away long back and my mother passed away 14 years back. My mothers Elder brother not married and he died 2 years back without writing any will to anybody.My mother having 2 children me and my sister. Rest of the 2 brothers and one sister applied for legal heir certificate from Village office. MY mothers elder brother who died having 4 cent land in road side and they said my mother having no right to that property because mother is no more now. The village office issued certificate without inform us. Sir is it possible to get one portion of that property for us also because of the legal heirs of my mother. Any way to cancel that legal heri certificate issued from village office or include us also with them.
another thing is that the only alive sister is now in serious condition and that sister having 4 members and they said they will get benefit after their mother death. is it possible.
In the hindu family act one member of a family passed away means she is no more from any picture
expecting your valued reply to me thank you
email: anamikas696@gmail.com
R.V.RAO
(Expert) 28 March 2014
if the property is the self acquired property of your mother's elder brother , and if he wrote no will then, only his class 1 legal heirs like his mother, his wife, his sons, his daughters( and if these people are predeceased,then legal heirs of these people) can only claim right,interest or title in that self acquired property of your mother's elder brother.
T. Kalaiselvan, Advocate
(Expert) 28 March 2014
Upon your mother's death, you,your sister and your father become the legal heirs of your mother to succeed all her intestate property. Your mother's brothers/sisters cannot obtain legal heirship certificate because they are not class I legal heirs to your mother. Therefore any property that belonged to your mother will automatically devolve upon all her class I legal heirs equally, this cannot be denied by anyone.
