Legal remedy as uncle not giving mother's share in ancestral property


My grandfather (Mom's father) died 20yrs ago and my elder uncle took in-charge of all property. He equally divided properties along with other 2 brothers, but they haven't given any share to my mom. I would like to file a suit against my uncles for not giving share to my mom. I am not sure whether they already got legal heir certificate for my mom and I dont want to ask them directly. How do i find whether they already got legal heir certificate for my mom. Please advise. Thanks


Answers (1)

Your mother has got a right by way of equal share over your grandfather's property. However it is advisable on your part to approach the concerned registration office where the property is situated, and apply for E.C (Encumbrance certificate) to find out the entries and to work out your strategy. Meanwhile you issue a notice through a lawyer to your uncles and call upon them to partition the property within 15 days time from the receipt of notice failing which you can file a partition suit for the same.


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