Rights of property succession
Manish
(Querist) 31 May 2009
This query is : Resolved
Family Details/Facts:
1) We were four Bothers four Sisters. Out of which one youngest brother expired (unmarried) in 1981.
2) Out of the remaining three brothers, one who was elder to me expired in 2000. Whos widow is surviving with no child.
3) Another brother who was younger to me expired even earlier in 1996 and his widow is surviving with one son and two daughters (All married)
4) I'm the only surviving son of my late father and have one son.
5) All four sisters were married long back i.e. the youngest sister got married in 1976.
6) Eldest sister expired in around 1995 and next to her is widowed and surviving with his two sons and four daughters
7) All the sisters are living with their husband/family at their respectively owned house in different towns.
8) We lost our father in 1995 and we lost our mother earlier in 1984. They had made no will for property owned by them.
Action taken till now:
The property left by our father is in ? and till now my both widow sister in-laws and myself have given written consent and no-objection-letter to honorable court through our advocate stating "only residential property of my late father should be equally given to my nephew (son of my younger brother) and my son and all other property i.e. commercial etc. owned by my late father have not been questioned by any of us, which automatically goes to nephew and I have no claim of the same".
I request to answer my below mentioned questions:
1) Who will be successor of my late father's property?
2) Whether request consent letter / no-objection letter given by me & two widow sister-in-law is valid or not?
3.a) Can any of my sister claim for their portion in my late father's property and in what proportion?
3.b) Will commercial property owned by my late father has to be considered for succession and by whom?
3.c) Whether children of my widow sister and later sister can also claim?
B.B.R.Goud.
(Expert) 31 May 2009
1. the intestate property, entitled to all legal heirs.
2. No. it is not valid, unless and untill the intestate property is distributed by all, as per the law of succession.
3. Yes. your sisters are also can claim their share as per the law of succession, irrespect of their marriage, the property is still undivided and intestated.
all leagal heirs are entitled to get their share, out of the intestated property.
