Legal Question in Real Estate Law in India

Hi,

This is regarding a case that was already resolved, but again something has come up and i need an answer- property is in hyderabad India

my mom and her elder sister and 2 brothers had an ancestoral house- elder brother's wife(since elder brother died long ago) filed a case asking for a share in the house for her children. so my other uncle and aunty by mutual consent gave their share to my mom. my mom inturn paid the share of other brother to his family as he is no more(at that time the children were minors so we put the amount in fixed deposit)- Now all my mom's sibblings are dead including my mom-

The question now is does my mom's brother's son who is a major now have any claim in the property, since the property is already in our mom's name. can he file any case against us- by the way my mom's other brother was a bachelor and my sister took care of him till he died. can he claim any share on behalf of the bachelor uncle? pls help


Asked on 10/17/11, 10:57 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your mom's brother or his sons will have no share in your mom's property as Class I heirs, including you are entitled to inherit on preferential basis.

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Answered on 10/17/11, 7:14 pm
Shrichand Nahar S.V.Nahar, Advocate

If there is already a partition, then there may not be any question of share of son of your uncle.

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Answered on 10/29/11, 11:05 pm


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