Legal Question in Real Estate Law in India

family property

Property belonging to my grandfather was given to his sons. One of the sons, my uncle, died, and his wife sold the property to my father. To avoid paying tax it was transferred to my family in the form of a 'donation' to my brother. My brother has died and his daughter has appropriated the property and trying to sell it off. Can we, his three sisters, claim legal right to the property as legal heirs of family property?


Asked on 4/30/08, 2:43 am

2 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: family property

Yes they can claim their legal rights as your brother falls in Class I heirs.

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Answered on 5/02/08, 2:34 am
Shrichand Nahar S.V.Nahar, Advocate

Re: family property

If your brother was a Hindu, then his Class I heir shall succeed to his estate in exclusion of other heirs. Class I heirs of a Hindu are wife, sons, daughters, mother and Class I heirs of pre-deceased sons & daughters.

Other relatives like sisters, brother, father etc. are not Class I heirs.

Even in cases of properties of Hindu Undivided Family or HUF, in case of your brother, his HUF would be he himself and his sons & daughters.

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Answered on 4/30/08, 2:48 am


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