Legal Question in Family Law in India
HI Sir,
My grandfather has 1 daughter and 3 sons where daughter is the elder on who is my mother.We are 3 sons to her .All are get married .I am the younger son and i am major.My grand father has retired ,he is 79 years old and still alive .My grand mother is also alive around 65 years .My grandfather or grand mother have not written any vill against their property.My mother expired 3 years back in 2010 due to cancer ,My father is alive .Now my 3 uncles are are saying that we will not get any property from my grand father or grand mother because my mother is expired .Can we claim any property of my grand father or grand mother behalf of my mother.Could you please suggest us how to go forward if we have any chance.Thanks in advance
2 Answers from Attorneys
if the property is selfacquired one then your mother will not have a share and cannot demand partition.But if the property is inherited then you can demand the share by way of partition.
In the absence of a will, the property is inherited by all legal heirs. You will be entitled to the share of your mother.
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