Right of senior citizen in inherited property

It is believed that you are all Hindu.

Confirm!

You have posted about WILL left by deceased owner (your Grandfather), and that your father and uncle is beneficiary.

It is believed that the WILL was valid and duly acted upon without any cloud on it and ownership was transferred to beneficiary in mutation records, as per WILL.

Confirm!

The property that devolves by WILL is of nature self acquired.

So the property in the hands of your deceased father should be self acquired.

In case of Hindu man; The 1st right is of ClassI legal heirs i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

 In case of Hindu Female the nature and source of property matters.

 In case of Hindu Female: the husband (if alive as on date of death), sons, daughters have 1st and equal right in self acquired/absolute property….

In case of Hindu Female: if property has devolved from parents, sons, daughters have 1st and equal right and if they are not available the heirs of father have 1st and equal right………… 

Thus even if the WILL was not valid and not duly acted upon the succession shall be as per applicable succession laws and your father shall have a (equal) share.

Likewise after death of your father his legal heirs shall have a share.

So there seems to be NO reason for apprehension on share of your father, mother and other legal heirs of your father.

You have posted that:

Your mother has been maintaining portion of your father i.e. GF but the portion of Uncle FF was not maintained.

Thus the foundation and GF should not be in dilapidated condition and fit only to be demolished.

As per your post the declaration by MC is biased and due to bribe.

Has your lawyer advised to get report from some ‘Structural Engineer’ on condition of the whole building/GF/FF and also place on record the evidence of GF being maintained and FF not being maintained?

Is it that only FF need to be rebuilt or whole building?

And the Uncle/his legal heirs that have been enjoying the property are liable for the said condition of the FF or house.

Or as per local rules the house as per vintage is to be demolished?

Even if the house is to be demolished the share of your father and subsequently of his legal heir should be safe.

She can be represented by a lawyer or she can give PoA to you.

Preferably avail the service of a very able senior LOCAL counsel specializing in such/civil matters and well versed with local laws that apply in this case for a considered opinion.

Your mother being senior citizen and if not earning can approach DLSA for Free Legal Aid and also pray for speedy disposal of the matter.

Old age of mother is of no help. If building is in dangerous condition. As per law no one can vacate her from house by force. Go to civil court for relief of permanent injunction.. If there is order. Of Municipal corporation for demolition approach to high court.

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