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Uncle claiming share in ancestral property and have no legal heirs


13-Aug-2023 (In Property Law)
Sir my father as one land issue that my grandfather and his brother both of them having 15 acres( apox ) each and register in their name respectively and my grandfather as two sons and his brother as no sons and my fathers brother is saying that "i have taken care of my fathers brother and I will take his entire property" and he also asking for share in my grandfather s property is it justice sir because my father has to sons and he has one son and one daughter and we also said that we will give some money in this share to his daughter s marriage. Sir plz give suggestion
Answers (1)

Answer #1
740 votes
Hi
Need to know whether your grand father and his brother are alive as of date.
if they are alive, they can transfer the property to whomsoever they wish by way of will/gift etc.
if they are dead then in case of your grand father's property, all of his legal heirs (i.e your father and his brother) will get equal share of your grand father's property.
In case of your grand father's brother's property, then your father and his brother will be the legal heirs. However in this case you will need to obtain succession certificate through court and have the property transferred.

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