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Kamlesh Abd   10 May 2021

Dada ki property pota ko kaise hoga ?

sabse pahle mere mammi ki 2 sadi hui thi jo 1st bale papa the unka death ho gaya jab main(pota) 5 years ka tha tab se main apne dusre wale papa ke sath rehta tha aur unka dekhbhal bahar se hi rahkar apne dada or dadi ke dekhbhal karta tha lekin 3 month pahle hi mere dadi ka death ho gaya or pados wale mujhhe bina khabar kiye hue unka Antim sanskar kar diye or ye sab mere dada ke bhai ki bahu ne kiya jinka koi adhikar nahi banta tha....jab main apne gaon pahuncha tab wo pados log panchayat baithaye aur bole ye sab property dada ki bahu ko jaiga or dada vi bole ki jo dadi ke Antim sanskar kiya hain usi ka hoga.....or dada pahle thik se bolte the but ab wo badal gaye hain mere support koi nahi ab mujhhe kuchh samjh me nahi ye log dada ke sath kya kiye ki unke support me bol rahe hain.......so please give any advice to collect my property


Learning

 2 Replies

G.L.N. Prasad (Retired employee.)     11 May 2021

Contact a local advocate.  Your dada is living and it appears that your dada is maternal grandfather.  There are several facts to be looked into the Hindu partition. Your mother is having exclusive rights first and not grandchildren.  Generally, the last rites must be performed by husband side relations in Hindu Tradition.   Because they have performed the rites, there is no law, that the entire property exclusively belongs to those who performed a religious duty.

T. Kalaiselvan, Advocate (Advocate)     12 May 2021

Firstly it is your maternal grandfather's property.

He is alive hence he is the authority over his property because he is the absolute owner of the property  that is lying on his name.

You have your mother living who is the daughter of your grandfather.

In fact your mother herself is not having any rights in the property not at lest during the lifetime of your grandfather.

Your mother's second marriage will not disentitle her to inherit her deceased father's property if he is reported to hav died intestate.

Even then you are a third person to the property especially when yor mother is alive.

Therefore whether you carry out the last rites of your grandmother or not, you are not entitled to any share in your grandfather's property as a right.

If your grandfather is supporting his brother's daughter in law and is willing to transfer the property on his name to her then nobody has any right to challenge the authority of your grandfather including your mother. 

Since you  have no reason to claim even a share in this property, you cannot exercise anything in the name of right to this property.

It is not an ancestral property to you hence you cannot do anything about it except to watch the same as a silent spectator.

 


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