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Q:

My Mother has 3 siblings. So in all they are two brothers and 2 sisters. My Mothers mother (my grandmother) expired on 7th of June. She was living in a house in Golibar, Santacruz east along with my mothers elder brother, his wife and two sons. The house is in my grandmothers name. After my grandmother expired in December, my mothers elder brother was threatening my mother to sign a “No-Objection Certificate” so he can transfer that house in his name. He works in Kuwait and has been constantly threatening and harassing my mother to sign the no-objection certificate. In addition to this, a few days ago, my mother went to ask for Grandmothers death certificate and they had refused to give the same. My mother fears that her elder brother will fraudulently transfer the house in his name by forging signatures etc. and she has been fed up with the threats and harassment. That’s why we need to take legal action for the same. Either stay order for not selling the house or something like that. Kindly suggest the best course of action, cost and we can proceed with the same.

A:

Dear Sir/Madam,

You may file suit and also criminal complaint. The law is as follows:

Section 15 in The Hindu Succession Act, 1956
 

A:

Dear Sir/Madam,

You may file suit and also criminal complaint. The law is as follows:

Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
 

A:

Dear Sir/Madam,

You may file suit and also criminal complaint. The law is as follows:

Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.




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