Q:

I have the following questions: Q1) My uncle (Mamu) passed away (2 years before), He was single (unmarried) and have 3 sisters and 2 brothers (01 real brother, 01 step brother as their father was same). He had immovable properties (Apartments and plots) and now their heirs want to avail the shares of the deceased. Kindly elaborate the process to initiate it legally. Q2) My uncle's (Mamu) stepbrother (both have the same father but have different mothers) should have a right in the deceased property, if yes then how much share goes to him? As 1 year ago he also passed away but in his life, he sent us an affidavit in which he asked for his claim/share and he nominated his son for further dealing with his share and in last he also mentioned that this note is for our information and further action. Q3) Is there any time limitation in Law, as one of my friend told me that one should apply fothe r legal process before 3 years, as there is binding in law that after 3 years time Court don't consider the petition. Kindly elaborate? I'll be obliged to have an experts point of view othe n above queries. Thanks and Regards,

Wednesday, October 24th, 2018 by engr.hasanfayaz

Answers

  1. 1.yes, they may get the share as legal heirs. They need to file a suit for the declaration before the civil court.

    2. yes, Son of deceased shall get the share of his father.

    3. No there is no limitation to get the mutation inherited property as, as soon as a man died his legal automatically became the owner of property according to their shares. The mutation is only a systematic entry in revenue record.