Legal Question in Family Law in India
My grand father died without writing a will. He is survived by a wife (whom he married after my grand mother died), one daughter, one son (which he gave birth through his first wife), three sons (whom he bore out from his second wife). But after my grand father died, my four uncles had got some passbooks written on their names claiming as the heirs of his full property stating that when my mother was a child my grand father had written some property on her name as a gift. So now my mother is having no share in his property now. Recently approximately one year ago they sold the property and divided the amount among four of them excluding my mother. They had not even informed my mother about this deal. We came to know about this from third party who are our well wishers. My mother is separated from my father and is staying alone with me since my childhood (approximately 30 years). Now my father also is threatening us to write the property he earned on ashram's name. He is a retired Govt employee. We are not even getting a part of his pension. We are facing a lot of hardships. I am central govt employee (defence person serving in uniform). Please guide us whether my self can file any type of legal claims against my uncles claiming my grandfather's (mother's father) property and my father's property / my mother can file any type of legal claims on her father's property against her real and step brothers and also any claim on her husband's earned property or his pension from whom she had separated since approximately 30 years view some personal family disturbances.
2 Answers from Attorneys
I have many questions to ask you before i give you my legal advice . You seem to have a good case against your uncle to file a suit for partition to claim your share (Mothers) .........................Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
Need see various documents before advise can be given.