quesCan nephew demand in share of the property

We belongs from a Hindu family and we are 2 sisters and one elder brother . I am the youngest sister. We both the sisters were unmarried. My elder brother expired long back in 80's and his wife expired in 2010. He had left behind 4 childrens. The whole property (house and land) is in the name of my elder sister. After my sister's death in 90's, being her own blood related sister I am supposed to get the property. Now, my nephews are also claiming the share of the property. Please suggest whether they have any right to claim the share of the said property.

  • ans If the property is registered in favour of your elder sister then she was the absolute owner thereof during her life time. Are your parents alive? In the event that your sister died without making a will, all her properties, movable and immovable, devolved equally on her legal heirs If either of your parents is alive then he/she alone succeeded to the property. If your elder brother pre-deceased your father then the property shall devolve, firstly, on your father's heirs i.e his widow. daughter and the 4 children of your deceased brother. So your nephews have a share in the property. 5. You can claim your share by filing a suit for partition in the court.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Family lawyers in India

Similar questions

Hi all, my wife filed a 498a and 307 on me. It's fake. I got…
Hi, I am 19 year old.I am living sperate from my family from last month.now…
Hello sir/ madam. Iam Abhilash 23 years old. I have younger brother who will turn…
My husband is not earning anything. Ours is joint family. I hav 5months child. If…

Family Lawyers in India

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Dr.Gubbi S Subba Rao

  K G Road
 Experience: 31 years

Advocate Rajesh K.S

  Rajaji Nagar
 Experience: 11 years

Advocate Ayantika Mondal

 Experience: 8 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly