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Legal Hiers of Property of Uncle


20-Nov-2023 (In Property Law)
My Grandfather has four Children ,two Son's and Two Daughters. Fort the Sake of Convenience i will name them as below : My Grandfather and Grandmother Died long back in 1980 Something. ElderBuaji married and is away YoungerBuaji married and got divorced after some years My Uncle and Father built house of 1500 Sq ft.On name of My Uncle. My Uncle dont have any kids and her Wife died long back.My Uncle My Father has two kids (1 son and 1 Daughter) and my Mom. My Father died long back ,My Sister is divorced and living with us. So currently total number of people living in house are 4 (me,my divorced sister,mom and uncle) My Uncle dont have any will and he is not in good health. he is very reluctant to talk about the Peoperty. What will going to happen if died without will? Can i claim the whole house and sell it. Who are the heirs other than me in this Case?
Answers (1)

Answer #1
613 votes
1. The issue herein has no nexus with the 2005 amendment in the first place. The reason being-The property was the self purchased property of A who gifted it to his two sons B and C. In terms of the gift deed both B and C assumed complete ownership rights over this property. Neither the daughters nor their children have any right in this property.

2. Since C died without any issues his property will vest in the children of all his siblings.

3. If B died without making a will then his sons have an equal right in his property.

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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