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.

Answers (1)


209 votes
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.


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