How to get Inheritance from biological uncle

Home > Free Legal Advice > Question Details

90,000+ Legal Questions Answered

Power of Attorney

How to get Inheritance from biological uncle

My uncle is having property which is given by government to farm but he has no child and wife but the land was came from my grand father and uncle had a sister in the same land how can I get Inheritance in this land

4 months ago

Reply

Hello Client,

In the situation you described, your uncle's land was given by the government for farming but originally came from your grandfather, and your uncle has no child or wife. Here's how inheritance would work based on Indian laws (assuming Hindu Succession law applies, as land inheritance often follows religious personal laws)

If the land was inherited by your uncle from your grandfather, it could be considered ancestral property. Ancestral property can be inherited by the legal heirs of the family, including nephews, under certain circumstances. You have to make a legal heir certificate to proof that you are one of the legal heir as your uncle does not have wife or children.

Since your uncle has no wife or children, and the land is ancestral, the property would revert to the Class I legal heirs of your grandfather, which include:
His siblings (if alive),
His nephews and nieces, i.e., the children of his siblings.

If the land is self-acquired (i.e., given directly to your uncle by the government without passing through your grandfather), then the property would first go to your uncle’s Class I legal heirs. Since he has no wife or children, the property would then pass to the Class II legal heirs under the Hindu Succession Act.

Class II Legal Heirs Include:
Brother’s children (you if your father is your uncle’s brother),
Sister’s children (you if your mother is your uncle’s sister).
So, in the absence of a direct heir (no wife or children), the property will pass on to the closest relatives, which could include you if you are his nephew/niece (whether through his brother or sister).

Regards

Mrighankhi Chakraborty

View All Answers

Helpful

Dear Client,
From the contents of the query, it appears that the property of your grandfather is ancestral. An individual gets the right to ancestral property by birth. After the amendment of the Hindu Succession Act in 2005, daughters regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. Until and unless an undivided ancestral property or self-acquired property(if left intestate) is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Being a coparcener and legal heir of the said undivided ancestral property, you alone or along with other legal heirs can file a civil suit for partition before the competent civil court to obtain your share in the said property.