Legal Question in Real Estate Law in India

Hello,

My grandfather did not make any will regarding his property. My uncle and mother are only children to claim it. My 2nd uncle's wife and his two child are also claiming for the money. My 2nd uncle's wife has an extramaritial affair, this was known to my family, but divorce did not happen due to my uncle's death. Now she is also claiming for the money and threatening us for the same. What action can be taken?


Asked on 6/07/10, 3:36 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

For extra maritial affairs, your uncle could have taken action against your aunt.

As far as law of succession is concerned, same is governed by respective personal laws governing the deceased.

You need to consult an experienced lawyer of the field.

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Answered on 6/07/10, 10:31 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

She is entitled to her share. It may be better to reach an amicable out of court settlement and partition the property in equal shares so that she is not deprived of her rights. The litigation should be avoided and she should be given her share. Please keep in mind that even if she may be guilty of some misconduct, her children are not to share the burden and their entitlement in their grandfather's estate cannot be taken away.

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Answered on 6/07/10, 10:32 pm


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