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How can I claim my share in mother's grandfather's property?


05-Feb-2023 (In Property Law)

We have 2 acres of land. Which is under my mother's grandfather's name. None of the family members used to pay tax. From 2002 my mother's cousin started paying tax under his name. In the tax slip it says the cousin is the son of grandfather. I would like to know how this happened and is there any way in which we could claim our share.

Answers (2)

Answer #1
973 votes
It is rather surprising, as it appears, that the great grand father's property has not been partitioned or settled among legal heirs. The matter needs to be verified with reference to documents. After ensuring that the property has not been partitioned, the legal heirs can file a partition suit.

If so, paying tax does not make any difference. Your mother's cousin cannot have title to the entire property just because he has chosen to pay taxes for the undivided property.
Answer #2
844 votes
It is believed that you are Hindu and Hindu Succession Laws shall apply.

1. The property of a female Hindu dying without WILL shall be distributed according to the rules set out as following -
Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
This would imply if the property of the female is self acquired

2. If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters
3. If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters

You may show the docs related to the property and also share if the property is agricultural and on which date/month year the succession opened to your lawyer dealing in such/revenue/civil matters well versed with local laws too.....and proceed under his expert advice.

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.

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