My legal right in mothers father propetry
GURUPRASAD
(Querist) 14 January 2013
This query is : Resolved
DEAR SIR\
Recently my mother brothers sold their elders property,Do i have legal right get the money from my uncle ? My mother died long back.
I heard that we are eligeble to get the money
please advice. Thanks in advance
Kiran Kumar
(Expert) 14 January 2013
What was the exact nature of property?
Whether it was ancestral or self acquired property of your parents?
Were you a minor at the time of sale of property?
prabhakar singh
(Expert) 14 January 2013
Besides questions raised by Mr.Kiran Kumar,an other point is that if it was your Nana's(maternal grand father's property)then on his death your mother had a share in it as an absolute owner and she could sale it on her own.So if she has also signed the sale deed along with her brothers,you have no claim now.
But in case her brothers(your maternal uncles have sold entire property with out taking care of her share then you have a claim as your mother's share shall not be deemed to have been sold.
Otherwise in maternal grand father's property coming down from any degree how high soever,you can not stake a claim as right by birth under Mitakshara school of law still serving under Hindu succession Act.
Raj Kumar Makkad
(Expert) 15 January 2013
I do endorse the advice as given above.
