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Can legal heir claim in ancestral property when no partion is done
30-Jul-2023 (In Civil Law)
Partition suit filed by uncles sons against late paternal grandfather house.though late grandfather has 2 legal heirs one is uncle and another is my mother.late grandfather has no will. How it will be divided then by Hindu succession act .whether has uncle sons can claim a share in grandfather house?
Some clarity is required, 1. When did the grandfather die, (whether before or after 2005) ? 2. Is your uncle alive? If dead, then who are his legal heirs?
If grandfather died after 2005, the mother has 50% share.
If the uncle is dead, his grandsons in their capacity as legal heirs of the uncle may claim share in the property. If the uncle is alive, then the grandsons cannot stake any claim.
If grandfather died after 2005, the mother has 50% share.
If the uncle is dead, his grandsons in their capacity as legal heirs of the uncle may claim share in the property. If the uncle is alive, then the grandsons cannot stake any claim.
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