Property dispute - my mothers father has three heirs
9 months ago
Sir, my mother's father has three heirs, out of whom two are male and one female, i.e., my mother. My great uncle died in 1948; he had no children, and his wife died in 2005. My grandfather died in 1972. My mother passed away in 1987. I have lived in my grandfather's house since childhood. My grandfather had 16 shops and one house. My second uncle changed Patta to his name in 1998. I am running a rice business in one of my grandfather's shops. My uncle had told me that he would give me a share in my grandfather's property. But he passed away in 2013. After that, my uncle's heirs asked me to vacate the shop. They said that they cannot give me the property, and the title is in my father's name, so you have no share. Because I am not an heir to my great-uncle's estate, I asked them to give me a share in it, but they said that they couldn't even do that. Tell me if there is any favor in court.
As per the rules of intestate succession under the Hindu Succession Act, the property is equally distributed between Class-1 heirs of the intestate, to the exclusion of Class-2 and Class-3 heirs. Therefore, the Class-1 heirs eligible to a share in the property would be your grandfather's children. Thus, your mother has a right over the property which means you also have a right over your mother's share.
Please file an injunction suit to prevent your uncle from selling the property At the same time a partition suit also has to be filed for getting your share