Hindu succesion act 1956, Posession of husband's property
Rajyaguru Maheshchandra ramesh
(Querist) 11 August 2010
This query is : Resolved
My sisters husband He had married my sister by G.J.Mandir name,who was serving in P& T Departmentby name Babulal.J. Mandir. He died in 1983, He possesed One plot in P& T cooprative housing society, One building on his namewas according to revenue and Municipal records G.J. Mandir,and one plot. Out of these the plot in P& T. society alloted to him on the name which he was serving with P.& T depart ment ie. Babulal J. Mandir. In P& T Department he had done the nomination of my sister.
My sister had filed an application with the district court to preserve her succesion rights and stop her inlaws withdrawing the service and other benifits from P.& T depart maent till 1986 the case remained without any decision After a specialCivil application in 1986 to gujarat Highcourt and according to its rulling the district court ordered the P& T depart ment that The status qo order doesnot apply to N.B. Mandir the wife of B.J.Mandirie.The said G.J.Mandir. The P.& T depart ment was also ordered to pay allthe dues and benifits leagally to be given to Nitaben B. Mandir.After getting service , the legal aid stopped or the pleader lady who was un married on her marraige might have shifted to other town the case remained un attended and in Feb 2008 it was disposed off by the district court as exparty decision due to absence of applicant.
At the timeof filing the case the P.& T. Society was served a notice and after District courts ruling society was represented by my sister to let her take the possesion of her inherited property in written as well as orally attending the generalbody meeting, they have been repeated ly asked to aloow her to aveil her inherited rights on the said plot. In One of the reply they have demanded for the allotment letter as well as share cerificates. means the allot mant has taken place. Now on one or another reason they are not allowing her to take possesion of her inherited property.They( The society president and others) are asking her to get probet and then to come for possesion. on other way they are sending messages you are not entitled for the inhetitance to the plot but you come and sign you will be paid some amount.
She has re married in 1990.
According to Hindusuccesion law and supremecourts judgment in the case of CherotiBharti Appeal civil 1323 0f 2008 judgment date15/2/2008
The supremecourt ,s bench has held that even after remarraige the widow does not loos her right to her inherited property from her husband's property.
Should she goand start to take possesion of the inherited plot and if any one tries to stop her ask the police protection, or in advance she should ask police protection to avoid any ones ilegal distabunce?, Or first she sholud restore the case in the district court and then after final decision she should try for the possesion?
RAJYAGURU MAHESH
