Can I claim the property in the name of my mother from my uncle?
<span style="color: rgb(0, 0, 0); font-family: 'Open Sans'; font-size: 13px; line-height: normal; white-space: pre-wrap;">My mother has expired and I want to know If I can claim the property in which my uncle and my mother had their name?</span>
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Yes, you can claim the inheritance of your mother's property.
As I can make out your mother co owner of the property with your uncle.After her death you will inherit her share and you can claim the same from your uncle. Your uncle can not become owner of the whole of the property after the death of the other Co Owner ( Your Mother in this case) and you can ask ypur uncle to devide the property accordingly and give your shar to you.
By virtue of the death of your mother, her share in the given property would devolve upon her heirs i.e. you and/or other siblings or heirs of your mother. If you are the sole heir, then you can seek partition of the property by filing a suit for partition claiming "x" percentage of the property to be yours. Additionally, it would be helpful to know if your mother has left behind a will. If she has, then the property can only devolve in terms of the will.
Tags: Ancestral Property Division General Legal