Dear Sir,
I had posted the question mentioned below , but the answer so far is inconclusive. So I have given the question and reply received so far. Can u pls update me about the issue and the best way forward on this:
Question:
I have a query regarding property division. It has become a complication now so I will put the issue in detail. Kindly take a look into and advise.
Here is the family tree of this dispute:
My grandfather had 3 children:-
1.Son 2. Daughter 3. Son
Grand Father did not divide the property till his death. So the property was cared by the 1st son.
When the time of division came (2001), Daughter said she don't want the share and so two brothers divided the property equally while she was still alive. But her signature is not taken on the papers but only her wish was recorded in the papers. She died about 10 years back now (around 2003). Later both the brothers passed away (2005). Now the property of the 3rd son was trasferred to his wife (my mother) after his death. My mother is still living with us. Recently, the children of the deceased daughter, have come asking for the share in property. We belong to Christian community.
Now could you pls advise us what we should do regarding this.
1. Whether they are eligible to get the share in property if the issue is taken to court?
2. What could be the option for us to retain the property with us.
Thanks in advance for your reply
with regards
Pravi
Answer received:
Answer 1: Naturally sons of the deceased daughter has to claim the property of their mother
Answer 2: children of deceased daughter has no right in the property.
Let them fight in the court if they want,you will win.
I am not sure about christian succession act,but as per Hindu succession act,daughter of a person deceased before 2005 had no rights in the property,only maintenance rights were there.
Pls let me know your opinion.
Thank you
Pravi
