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PNeed Legal Advice on Maternal Family Property Division
My maternal uncle is planning to sell their family house. He also owns a separate flat which is currently rented out. The tenants have been saying they want to buy the flat for the last two years, but their track record with payments and commitments hasn’t been good, and no deal has been finalized so far.
Regarding the family house:
My maternal grandfather had two brothers. All three lived in the same house.
My maternal grandfather (the eldest) passed away in 2021.
My grandmother (my grandfather’s wife) died in 2009.
The second eldest brother never married and passed away in 2009.
The youngest brother was married but had no children; he passed away in 2020.
Since then, my maternal uncle and his wife have been taking care of the property and related matters. My maternal uncle have a son.
They now want to sell the house and are saying that my mother will receive her share from her father’s portion only after they manage to sell their flat. They are also planning to use the house sale proceeds to buy a new flat for themselves.Additional Context:
They are citing health issues as a reason for selling the house—my maternal uncle’s wife suffers from vertigo, and the youngest brother’s wife (who still lives there) struggles with using the bathroom as it is located far and requires using stairs.My concerns:
1. Is it legal or fair to tie my mother’s rightful share of the family house to the sale of a completely separate flat, especially when the buyers have been unreliable for over two years?
2. What should ideally be the share that my mother is entitled to in this situation?
3. How can we proceed legally to ensure my mother’s inheritance is protected and not indefinitely delayed?
4. Is my mother entitled to a share in her eldest uncle’s portion of the house as well, considering he was unmarried and passed away without a will?
Any guidance, insight, or legal advice would be greatly appreciated. Thank you in advance.
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BInfo missing : who purchased the said house? Who is current named owner of that house? How many sibling your mother has?
It would help if you can articulate family tree properly.
E.g. Maternal great grand parents A and B had 3 children X, Y and Z.
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PThey are planning to sell the house it’s in the initial state
Current named owners are my mother’s dad and his brothers equally
My mother has one brother only-
BNAL
Your mother should be getting be getting half from 2/3 of sale proceeds of the house and I am assuming that your mothers youngest uncles wife or her maternal side descendants are alive at the moment.
It’s not legal to tie your mother getting her share to your maternal uncles self acquired flat sale.
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