you beingn a son of his elder daughter can claim her share,give legal notice and ask for share of your mother
My Nanaji's property is being sold by my Mamaji and 2 sisters!!
Dear sir, The property is in name of my Nanaji who died in yr 1999 he had 3 daughters and 3 son. My mother was the eldest one and died in year 1997 in the same property and I hold the death certificate of her. 2 of the son also died after my Nanaji's death. My Naniji is also not present now.There is no will on Nanaji. Now one of my mamaji and 2 sisters tried to sell the property with out giving any share to me. Please let me know if there is any legal action which I can take to prove my mothers share in that property ?
Asked 10 years ago in Civil Law
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7 Answers
dear sir they have got some successor certificate from DM's office in which my mom's name is not there niether on me based on that they claiming that I cant have my share in that property. They say my mom died before Nanji's death I cant have right on his property is this tru? Further they have also not given any share in agriculture land on my Nanaji. Will appreciate your help if you guide me in right direction
Asked 10 years ago
then you will have to fight and get your mom name added in the successor certificate
contact a local lawyer to do the needful.
They say my mom died before Nanji's death I cant have right on his property is this true?
Asked 10 years ago
1) on your nanaji death his property would devolve on all his children . on your nanaji death each legal heir would have 1/7th share in property . ie 6 children and naniji .
2) your mother share would devolve on her children . file suit for partition of property .
3) obtain injunction restraining sale of property .
already replied
1. That logic is wrong. Even if your mother had died, you were alive to claim her share of your Nanaji's property,
2. File a declaratory suit praying for declaration that you are one of the legal heirs of your Nanaji's property and also direction upon the DM to include your name in the said legal heor certificate,
3. File an injunction u/O 39 Rule 1 & 2 restraining others to sell off the property till the suit is disposed off.
Thanks to all!! Just wanted to know whether I am legally challenge the agriculture land also of my Nanaji its based in UP. Secondly what are my options as the civil court is going to close from 1 June I cant file any petition right now.
Asked 10 years ago
you will have to take legal proceedings in UP . you can file it now and move court for urgent reliefs