Ancestors property under MHADA for redevelopment
2 years ago
Grand father died in 1956
who was having a property in Mumbai and the same was gone to redevelopment under mhada and received possession in 1985
Grand father Has 2 son, wife and sister
After his death that property named on son A being elder in 1957.
Now both son A & B married and has individual setup in the same property
Daughter and grand mother also died in 1991
In year 2017 son A died and property came on his wife name by doing legal proceeding as per Mhada rules and regulations. (Son A has wife, 2 son and one daughter all adults with children) Now son B's wife claiming that it is a heritetory property and we are also legal heirs (son B has wife, son and 3 daughter all adults with children)
Mhada has clearly mentioned on the letter that it's not a ancestors property whatever communication done with regards to property is with son A, as we do not have any documents pretending to it due to missing documents this information received under RTI from mhada
With regards to above son B's wife file case in court for claim
Requesting all Subject Matter Expert to suggest way forward what may happen to this scenario
Few questions
is son B's wife can claim
What is the legal timeframe for claiming legal hairship
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Class I heirs are granted first precedence under the Hindu Succession Act and definition. Husbands: Like other qualified heirs, a woman is entitled to an equal share of her husband's estate. Furthermore, unless the will specifies otherwise, there is no set time limit for claiming inheritance to a property.
Thank you very much. Please give the answer a rating.
According to the hindu Succession act and definition of Class I heirs are given first priority. Husbands: A woman, like all eligible heirs, is entitled to an equal portion of her husband's property. In addition to that there is no fixed time to claim succession over a property unless the will says otherwise.
Thank you. Kindly rate the answer.
Sidhaarth
Responded 2 years ago
In given facts of the case, the case filed by wife of B can be opposed on the ground of limitation, delay and laches etc. There is bleak chance of success of B's wife.
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