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Grandmother's Residential Property + Land


10-Jun-2023 (In Property Law)
To begin with, I'm a 24-year-old man (Hindu) living with his mother in Haryana. The house we live in and some land nearby belongs to my late grandmother who died back in 2013 without any will. Unfortunately, my father passed away a year later due to cardiovascular disease. The house has [solely] been my grandparents, parents, and my primary residence since 1992, the year it was built. My grandparents had five children including my father and three of them have been living in UK/Canada for 40+ years and possess foreign citizenships. Now, my one aunt lives in Delhi and took the property papers with her. My uncle, a Canadian citizen, wants to divide the property between him and I. My question is, how can my widowed mother claim her share on the property since she's the one who cared for my ageing grandparents, especially my disabled grandmother (owner) till the day she died for 18+ years. Also, my sister and I want the [entire property + land] to be legally transferred to my mother.
Answers (1)

Answer #1
897 votes
Hello you need to get the ancestral property declared and partition by way of civil suit from the civil court having jurisdiction over the immovable property. If Hindu die inestate without WILL, all surviving legal heirs have equal right in property as per succession act class 1 legal heirs. If any legal heir do not want property they have to relinquish their right in favour of other legal heirs. your mother and you being grand children are entitled to file civil suit.
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