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Avijit Kushari   28 June 2016

Recovery of property

Dear Sir, I am the only son in my family. My unty (my late father elder brother's wife) purchase a 1000 sq ft flat in kolkata. My unty get my uncle's job after his death. In 2012 my unty was died and she did not give the property to anybody. Now after her death some of his relatives take the key of the flat and start staying there. Please advice how can I recover the property in my name as I am the only son in my family. Thanks & Regards, Avijit Kushari


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 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     29 June 2016

You are legally entitled to that property only if you were the class I legal heir of your Aunty . Otherwise you have no legal right . Please disclose the exact biological relationship that you had with your Aunty.

JustAdvisor (IT)     29 June 2016

First and foremost, did your aunt have ANY kids? if yes, say bye bye to the property. Second: how did she buy the property? if the money came from her parents, bid the property good bye, although you can always try if the property is valuable. presuming answers to above two questions are negative, we come to the third question: is your grandmother(father's mother) alive? if yes again : haath ko aaya muh na laga :) now does your father have another brother or sister? if yes - damn! so if you have crossed all these hurdles, congratulations! you are a successor! contact a damn good lawyer... i might have missed something, so here is what you should do. download Hindu Succession Act. read sections 15, 16, 8 and Schedule. You are in Class II entry IV All the best! your case made my day ;)

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