how to get deceased mother property from maternal uncle
Taranjit Kaur
(Querist) 05 August 2016
This query is : Resolved
my mother had purchased a shop in 2003 after that she died in 2005 and did not make any will. As I am the only daughter of my mother I want to get back my mother property from my maternal uncle possesion. I have death certificate of my mother and certified registry of that property. Now what a easy and fast procedure to get my mother property back. My father and mother already got seprated long ago. After that my mother purchased it. So kindly show me the way what to do.
Taranjit Kaur
(Querist) 05 August 2016
Shop is clased and lock from past 2-3 years ago and no one is staying in it right now...
Ms.Usha Kapoor
(Expert) 06 August 2016
Dear Client,
You approach the Mandal 'revenue officer and get a Legal heir certificate showing your mother 's death certificate and your
schools 10 th class certificagte which prove that you are the daughter of so and so. Armed with these two you approach a District Munsif/Magistrate Court and file a case for injunction ordering handing over the shop which has been under lock and key and under negligence to hand it back to you from your uncles possession. The Munsif court may issue an injunction to permit you to break open the lock or order your maternal uncle to break open the lock and put you in possession of the shop immediately. This can be completed in two or 3 days.Or approach Lok Adalat by moving an application before the District court and if your uncle consents to it is good, where the matter can be disposed off in 1/2 an hour under section 21 of Legal Aid Authorities Act Lok Adalat's order and decree is equivalent to a civil court and binding on both the parties. LOk Adalats are nothing but informaL COURTS. yOUR EXPENDITURE FOR MOVING LOK Adalat ALSO WOULD BE FAR LESS COMPARED to A CIVIL COURT.
Kumar Doab
(Expert) 06 August 2016
The author has been advised in 3 threads.
The author may act to defend her interest.
Rajendra K Goyal
(Expert) 06 August 2016
Approach court for declaration that the property belong to you after your mother. discuss with your lawyer.
Guest
(Expert) 06 August 2016
Good advice of Ms. Usha Kapoor, but may perhaps not serve the purpose of solving an academic query of probably a law student.
Guest
(Expert) 06 August 2016
Kumar ji,
If the author has been advised in three different threads, that can be any body's guess that a law student is desperately seeking solution to his law school exercise, not a solution for 11 years old problem for which she can be considere dto have woken up only now after 11 years.
Guest
(Expert) 06 August 2016
Ms. Taranjit Kaur,
If there is any truth in your story, can you clarify whether your father and mother got seprated by virtue of legal divorce or otherwise? If by divorce, in which year?
Kumar Doab
(Expert) 06 August 2016
Good advice by Ms. Usha Kapoor.
Kumar Doab
(Expert) 06 August 2016
Respected Shri P.S.Dhingra,
With limited understanding, I have posted in other thread at:
http://www.lawyersclubindia.com/experts/get-property-of-my-deceased-mother-610826.asp
and pointed to separation of father,mother and to record inheritance in mutation records.
Guest
(Expert) 06 August 2016
Dear Shri Kumar,
We need to wait for clarificarions of the
author.
Dr J C Vashista
(Expert) 07 August 2016
No reply for repeated academic query, besides the fact I do not agree with the opinion/advise of Ms. Usha Kapoor, which I may explain to the expert either on email or PM just to avoid any response on this thread.
