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Grandchildren' rights on maternal grandfather's self-acuqired propert
24-Mar-2023 (In Property Law)
My uncle passed away two years back, leaving his self-acquired flat, for his wife.
My aunty wants to sell the flat
Uncle had a son and a daughter and the daughter and her husband are no more.
Daughter's son is now claiming that he should also get his share from the proceeds from the sale of the flat.
Kindly advise.
Is the flat is self acquired by your uncle and he is gifted it to his wife ot transferred r to his wife by way of will, then son of his daughter cannot claim any kind of right or interest in the sale proceeds.
If your uncle has died intestate, that is without any will, then his property will be governed by Succession Act. Even as per the said act the son of your Uncle's daughter has right only through his mother, that is your Uncle's daughter. He does not have any independent right in the property of your uncle.
If your uncle has died intestate, that is without any will, then his property will be governed by Succession Act. Even as per the said act the son of your Uncle's daughter has right only through his mother, that is your Uncle's daughter. He does not have any independent right in the property of your uncle.
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Adv. Jairam Chandnani
Mumbai | 100+ Answers
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