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Can daughter claim the father's property if she took care of him
09-Jan-2023 (In Property Law)
My granddad (mothers father) bought and owns a property (house). Their are 3 heirs of him (one male and two females) including my mother. My granddad invited or said my mother to stay with him after her marriage , so she can better take care for him during his oldage period as my uncle (granddad son) left the city because of his job in army and he doesn't want to take care of him (influenced by his wife). Nor he paid or do something for him during granddad oldage period . Before the death of my granddad my mother and we all used to live on this property, from past 28 years . We constructed and maintained this property a lot. But now my uncle get retired from army and used to live somewhere else and wants to vacant this property from us . And recently my uncle applied to change property ownership document from granddad to his name only at rajasav vibhag. As i got to see (bhumigat apramanit prati ) unauthorised copyonline. What to do so that this property remains and belong to us?
If your grandfather died inestate without making any will in ur uncle's favour and property was self acquired then your mother will be having equal share in class I heirs category, for e.g if there are son, daughter and Wife then eachone share would be 1/3.....If your Uncle is trying to get the ownership then file an objection before the Ld. Magistrate/Tehsildar with the help of some efficient lawyer...On the other side, if your Uncle is still adamant then proceed with the filing of civil suit to claim ur share. Thanks
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Adv. Nitesh Kumar
Delhi | 25+ Answers
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Has your grand father executed any will? Your uncle cant take the entire property if your grandfather had not executed any will and as your grandfather had 3 legal heir and your mother and your aunt together are owner of 2/3 of the property. If you guys have all the bills and details related to the extensions etc, then it would go in your favor. You can file a suit for partition against your uncle and aunt through your mother. Your aunt if agrees to give you her share, than her statement would be recorded in the Hon'ble Court. For more detailed advice, meet any good Civil Court expert of your area with all the details.
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Adv. Soma Pandey
Lucknow | 200+ Answers
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