Can 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.
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.
Get Started >>
Answers by Our Lawyers
- How to know whether there is any stay order from court on property
- Builder started new project without customers consent What to do
- Builder sold flat to two people case pending what can be done
- Can 15 years of stay give the person any legal right over the property
- Police did't arrest accused now they are taking revenge please advise