Raj (Manager Exports) 07 January 2010

Inheritance Law ???

Hello All,

I am looking for an advise and proper procedure on my below query..

My mom has 5 brothers and one sister, when their dad died he made will to divide the property on equal ratio among brothers and sisters, But at the time of his death his name still appeared on the SAAT BAARA UTAARA..which was never removed till date..now one of the borthers is claiming the rights to his dad's portion of wealth stating he looked after his dad during his old age...the Municiapl corporation has also not taken the dad's name out of the SAAT BAARA UTARA evening after submitting dad's death certificate...

Now my questions:

1) Can my mom's brother legally have share of the deceased father on grounds he has looked after him.

2)What procedure shall be followed to take the grandad's name out of the SAATH BAARA

Please help.....

Rgds

Raj K

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4 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 08 January 2010

//1) Can my mom's brother legally have share of the deceased father on grounds he has looked after him.//

When the entire property belonged to deceased father, where is question of "share of the deceased father". Taking care of father at his old age does not give any special right over his property, in the presence of will by the deceased.

2)What procedure shall be followed to take the grandad's name out of the SAATH BAARA

You have file an application for mutation of records in the name of legal heirs, by enclosing death certifiacte and WILL of the deceased.

shrikant chede (law officer) 08 January 2010

I am agree with Advocate N Ramesh

Ajay kumar singh (Advocate) 08 January 2010

your mom and her sister and brothers are entitled to equal share in the property left behind by their deceased father. If your mother claims her share on basis of the WILL, she will have to get the will probated first. It is better for your mother to file a suit for partition of her share. Any one does not have a right to claim a larger share.

shrikant chede (law officer) 11 January 2010

VSDFGVVBDDF

Inheritance Law ???

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