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Kalai Selvi (Commercial)     04 July 2012

Womens rights in fathers / grandfathers property

My Grandfather has two wives. Elder wife has only one son (X) Younger wife (legally married) has four children (my father, my periyappa, 2 aunty) All are deaf and dumb. My periyappa died and he has no childern. only his wife is surviving.

Since X has to take care of entire family he has taken commercial shop and two houses as his share and given only one to my father and for my periyappa as settlement. For my father we are 4 (2 sons 2 daughters) My elder brother is a lawyer. He has transferred my father property in his name and in my younger brothers name and no share for me.

Now my question is:
1. Am I eligible for claiming my father Property.
2. Am I eligible for claiming my share in X Property (3crores in whole)
3. Is it possible to file a case as a single member against X property as no one in my family is not interested to support me. In fact no one is talking to me including my mother.
4. I am not having any property docs with me. In this situation is it possible to send legal notice agt X and agt my fathers property.
5. Understood we need to deposit court fees. How much we need to pay as I am from low middle class, I have to consider all these factors. Pls advise
6. Property is in salem and I am staying in Bangalore

Selvi

 



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 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 July 2012

Hindu Succession Act, 1956 Section 10 Rule 4 referred the distribution of the shares.(1) Among the heirs in the branch of the pre-deceased son shall be so made that his widow and the surviving sons and daughters get equal portions; and the branch of his pre-deceased sons gets the same portion;

(2) among the heirs in the branch of the pre-deceased shall be so made that the surviving sons and daughters get equal portions.


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