×
  

Continue to LawRato.com with Google


Continue

Can son claim deceased father & uncle's share of ancestral property


Recently my whole family died in an accident i am minor but i will turn 18 this year. My grandfather had 2 sons and one daughter. My grand father divided the property between my dad and my uncle but now both of them are dead. Can i inherit property i)that my grandfather left for my father (i am a minor and i have a sister who is also a minor) ii) can i inherit property that was supposed to be inherited by my uncle(his son,daughter wife are also dead). iii) what claim does my aunt who is alive.


Answers (3)

Yes u and ur sister both will inherit the property of your father. If ur aunt is alive than she will get 50 percent of the share of your uncle and the rest 50 percent will be divided between you and your sister.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Hello,
Sorry to hear about the unfortunate incident. Since you are a minor , in order to get the legal declarartion of your inheritance/title of succession at present , you need to have a de jure or de facto guardian as you cannot legally claim it till you attain majority. Also as per succession laws , you are very much a coparcener and I believe a sole survivor/claimant of your ancestral property , hence you can inherit all of it , in case no other class 1 heir exists. But as you have mentioned that your aunt is still , so in that case she has a right to claim on the Ancestral property. However if the property was a self acquired property of your grand father and he made a WILL wherein he divided the property between your Father and Uncle only in that case your aunt has no claim. But if he died intestate( without leaving a WILL) then she a right to claim on that property as well. For any further detail you may contact me.

Popular Property Lawyers

Advocate Prabhjit Jauhar
Connaught Place, Delhi
21 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
21 years Experience
Advocate Prashant Mendiratta
Lajpat Nagar 4, Delhi
25 years Experience
Advocate T Kalaiselvan
Kosapet, Vellore
17 years Experience

You can inherit your fathers property being the heir for your uncle's property since the aunt is alive she is the rightful heir to the property and you are a class 2 heir for which you will have to go to court through a guardian


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

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. 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.

Fixed Cost Legal Services

Document Review - Gift Deed

4.3 | 37 ratings
Fixed Price Rs. 3499
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
Fixed Price Rs. 6999
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Fixed Price Rs. 4999
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Fixed Price Rs. 9999
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Fixed Price Rs. 4999
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
Fixed Price Rs. 6000
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Fixed Price Rs. 7499
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
Fixed Price Rs. 2499
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Fixed Price Rs. 499
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Fixed Price Rs. 1999
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
Fixed Price Rs. 9999
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Fixed Price Rs. 19999
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

Hello sir, i am married daughter, was married in 2015, have filed divorce in mutual consent as my parents had betryed me in marraige about groom and h…

Read More

Mere dada ji k dwara 36 year purv banaya gaya ghar (15×40sq.ft)hai,ghar k just peeche mere chote dada ji ka bhi plot hai jo ki dada ji ne apna m…

Read More

Is the tittle holder, his children and grand children enough to sign the sale document for an ancestral property? Do you suggest that we include the g…

Read More

My Nana has two sons & one daughter. One Son and Daughter died and one son is alive. I am one of his daughter's son. Now I explain the family …

Read More

Get free assistance for your legal issue