Dear Esteemed Professionals,
My Sister got married in the year 1990 and got mutually divorced in 1995 and out of the said wedlock one daughter is born. My Sister has worked in Govt sector and did not get remarried and has movable property in her name at the time of death. she got died in year 2020 and after 2 years her daughter/My Niece also got died in year 2022 and now as my niece was also unmarried so I have filed succession for my sister estate and mentioned schedule of legal heirs as Her daughter(already died), Me ,My Brother, Our father and Mother(Both Died) now the court is saying that as you don't have any right of filing succession for your sister as Your niece became the Owner of property after your sister death by operation of law and now succession to be claimed for your Niece and per Hindu law the legal heirs of father is entitled .It means dada and dadi of my niece and not you.
My query is as my sister is already divorced and the property is self acquired property of my sister then after her death the property goes to her daughter/my niece but now as my niece who was unmarried also died then it should be come back to my sister and succession should be claimed for the parental side nor the husband side as she is already divorced and no relation after that.
Can you provide some suggestion /judgements so that i can show to court to claim succession of my sister
Thanks for your help in advance
