Can my uncle claim share in my father's self acquired property

876 votes

Firstly the legal heirs will include only the living persons or the legal heirs of the ceased heirs.
In your case your father's parents are no more living hence they cannot form part of the legal heirs or their names shall be included in the list of legal heirs.
Hence there is no need to include your paternal uncles or aunts as legal heirs to your deceased father because they are class II legal heirs and will be effective only in the absence of all the class I legal heirs.
In fact since you, your siblings and your mother are the legal heirs to succeed to your father's intestate properties, you cannot mortgage the property on your own. All the legal heirs have to combinedly mortgage the property.
Alternately all the legal heirs can relinquish their rights int he property by executing the registered released deed in your favor by which you can become the absolute owner of the property after which you can transact with the property as per your will and wish.

Advocate T Kalaiselvan LawRato

858 votes

Hi,
Post your query with your religion. Are you an Hindu or muslim or a Christian or any other religion. The ratio of devolution of property depends upon your religion and customs.

Legal heir-ship certificate may be issued for numerous reason and you should not circumscribe it to the property. And i do not feel that it will affect your right to claim along with your brother and mother if you are an Hindu. Furthermore i believe your father has not left any will on his demise.

Your uncle and aunt has no right to claim even if you and your father are muslims and for a self acquired property.

Regards,
Vijay

Advocate GP Vijay LawRato