Copy of What Should I Do If My Uncle Holds Property Of My Late Mother ?

Right to property under the India legislation is governed by personal and statutory laws.

After a woman acquires some property through will or gift or by inheritance or if it is a self-acquired property, such woman shall become the absolute owner of the same.

As has been provided under the Hindu law, the property of a mother will be devolved as per the Hindu Succession Act, 1956. The Act of 1956 will be applied to intestate succession. For further information on the subject, you are advised to contact an experienced Lawyers In Banglore.

Provided under Section 15 of the Act of 1956, if a woman dies intestate, i.e.without her will then following persons will inherit a woman’s property after her death:

• Her children

• Children of her predeceased children

• Husband of the woman

• Mother and Father of the deceased woman

• Heirs of the husband

• Heirs of father and mother of the woman

The order of preference in which the property would be transferred as follows:

• Firstly, the children and the children of predeceased children and the husband of the woman

• Secondly, heirs of the husband (if above-mentioned heirs are not there)

• Thirdly, mother and father of the woman

• Fourthly, woman’s father’s heirs

• Lastly, heirs of the mother of the woman

Hence, if a woman dies intestate (without her will), as per the Hindu law, her children, children of predeceased children and her husband will have an equal right to the property. In absence of either of the parties, the property shall be inherited by other heirs in accordance to the order of preference.

Right to mother’s property also includes right to the share of the mother in her father’s property, and children of a predeceased mother have a right to claim the deceased mother’s share in the property of her father:

After amendment of the 1956 Act was introduced in the year 2005, daughters will have equal rights as the son and shall be coparceners in the ancestral property. Therefore, if a daughter (who is a mother as well) dies before her father’s ancestral property is divided, the children of this predeceased daughter will have right in the ancestral property of their maternal grandfather and will also have the right to claim partition.

But during the lifetime of a daughter, only she will have a right to claim her share in the property of her father. The son or daughter of such a mother or any other person will be able to file a suit for partition only through a power of attorney which has been executed by the mother in favour of her children or such person only.

If the property in question is the self-acquired property of the father (i.e. maternal grandfather) and such father dies intestate, the son/daughter of the predeceased daughter shall be included in Class I heirs provided under the schedule of the 1956 Act and will have a right to claim their share.

After a property is divided in which the woman (mother) has a share-

• Once the share of the daughter is transferred to her after the property of the father is divided, she shall become the absolute owner of her share.

• If the mother makes a will, the named under her share as per the will, and if the woman (mother) dies intestate, i.e.without will, the laws of inheritance shall be applied as per the Act of 1956.

Distribution of the mother’s property between her children, i.e. her son and married daughter:

• Married daughter will have an equal right in the property of her mother as the right of the son in the property and if the mother dies having her will registered, the married daughter will inherit her share in the property equally with the son as per the Act of 1956.

• According to the Muslim Law, as the law is not codified, mother’s rights on the property shall be governed by personal laws.

For people belonging to faiths other than Hindus, Buddhists, Sikhs, Jains and Muslims, division of the mother’s property after her death shall be governed by the India Succession Act, 1925. Generally, the relatives of the mother will inherit and shall have priority over her husband and husband’s relatives.

Hence, if one’s uncle has wrongfully possessed the property of his mother, it is advised that he seek legal guidance from an experienced lawyers in Bangalore or Lawyers In Hyderabad, who could help you understand the legal procedure according to your case.

Lead Indiaoffers you a team of experienced advocates who have been successfully assisting people with cases related to property matters. Hence, if you wish to talk to a lawyeror seek free legal advice, you may contact us.

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