Fear of disposses
Mohammed Rizwan Shaikh
(Querist) 21 July 2017
This query is : Open
Sir,
My friends mom who is a widow (Muslim), her husband expired in the month of Jan 2017. Her deceased husband had 3 sons from his first wife wherein 2 sons expired. The surviving son has filed Testamentary Petition in the High Court of Bombay for the letter of administration of the deceased property without including the widow as legal heir of the deceased. The 3 flats which were clubbed to 1 are in the name of his Grand-Daughter (1 Flat) and his former wife and deceased husband (2 Flats). The surviving widow is on the verge of intervening in the Court matters filed by the deceased husband and even filing Caveat in the Testamentary Petition.
Can anyone disposes her from the flats?
What legal remedy can be adapted in order to safe-guard the property and herself?
Regards,
Mohammed Shaikh
R.K Nanda
(Expert) 21 July 2017
she will have to take stay order from civil court so as to stop forcibly dispossession from said 3 flats.
Rajendra K Goyal
(Expert) 21 July 2017
Show all documents to local lawyer and proceed with legal steps to save the interest of the widow.
Kumar Doab
(Expert) 21 July 2017
The rights of successors shall be as per provisions of personal laws applicable to sect/subsect.
Approach with case file a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters for a considered opinion.................without delay.
Kumar Doab
(Expert) 21 July 2017
The injunction/stay may also help to bring warring parties on negotiation table.
Mohammed Rizwan Shaikh
(Querist) 21 July 2017
Many many thanks for your advice EXPERTS....
Can the widow file a written complaint with the local Police and simultaneously take Civil course?
The Defendants are unknown so in that case, how can she take Courts order or direction, or in such cases who will be the defendant? Please advice experts.
Regards,
Mohammed Shaikh
Dr J C Vashista
(Expert) 23 July 2017
Yes, both of them can proceed simultaneously.
However, when defendant is "unknown" what and against whom there existed grievance? Prima facie it is an academic question.
Mohammed Rizwan Shaikh
(Querist) 10 December 2017
Dear Expert #R. K. Nanda Sahab,
Sorry to reply late, under which section and act she should file Civil Suit so that the defendants who are the legal heirs of the deceased husband of my friends mom. Please help Nanda Sir.
Regards,
Mohammed Shaikh
