LawRato

How to do property distribution if no will was made


17-Feb-2023 (In Property Law)
My mother have a four younger brothers. My grandfather ( mother's father ) has their property, they are dead but they didn't made any legel statement document about property distribution. My Ques is that, Can my uncle's claim that property on their name without my mother's permission ?
Answers (2)

Answer #1
547 votes
No.
Your mother will have to obtain a legal heir certificate from the Tehsildar of your taluk, after that your mother will have to file a partition suit to claim her share in the property in question.
Answer #2
898 votes
When a person died intestate without creating a will then all legal heirs inherit the property by way of succession. In your case all have equal right over the property. Succession certificate is required.Ur uncle can't sell that property with out your mothers permission.Thanks & Regards.

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."