Legal Question in Civil Rights Law in India

women's share on propery

We are residing in India,Tamilnadu.We have a property with some vacant plot and a house inwhich my uncle and his family is residing now. My mother got married before 1989 and now her age is 73 years(her DOB is 1935). May be got married on 1955 to 1960. This property is in the name of my Grandmom. She expired on 1985 without issuing to her heirs(Grandmom has two daughetrs and one son). My uncle transferred Patta from my grandmom's name(from 2002 to till date). He has changed EB and paying all taxes on his name. My uncle's first wife expired and he has one son, then my uncle remarried and they have one son and one daughter as heirs(3 heirs for my uncle-First wife-1 son and 2nd wife-2 heirs).Recently My uncle has made settlement to his second wife(legally married) and now property transferred to her name.

1)kindly clarify us do my mother can claim for that property from my uncle?

2)Kindly clarify me whether my uncle's first wife son can challenge the settlement deed against his step mother(my uncle is alive)

3)Do my uncle's first wife son has higher share or rights than his step brothers?


Asked on 3/05/09, 4:07 pm

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: women's share on propery

The property being ancestral, all legal heirs will have their claim; the gifts deed made by any of the co-sharers may be invalid; you may consider filing a civil suit for your share.

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Answered on 3/05/09, 5:41 pm


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