My brother passed away intestate without a WILL and has a tenanted shop in burrabazar,kolkata. He left behind his mother,wife and a daughter( child of his wife's predeceased husband) . Mother and Widow is staying seperately now and the widow is trying to attain all his husband's property without informing her mother inlaw...
.Now this shop in burrabazar is controlled by a TRUST under salami/ bhada system and when we went to the secretrary of the trust to transfer the deceased tenant shop to the legal heirs then he said that the full shop (100sqft) will go to his wife as she is the only legal heir...and then my brother's mother appealed to the secretary that she also wants her share from her deceased son's property ...To that the secretary said that the widow is looking to claim the whole shop and if she thinks she is also the legal heir then she(mother) should submit a legal heir certificate and a written application to the trust claiming any share so that everything should be on papers..
a) Does Wife/Widow only has rights on the deceased tenant's shop??
b) Can the shop be partioned half to widow and mother legally?
c) How to obtain legal heir certificate so that we can submit it to the Trust
Also, this is widow's 3rd or 4th marraige and it happened while a divorce case was already running with her previous husband..and the daughter is from her 1st husband..
Looking for opinions as the landlord is greedy and the widow's father is also greedy..the mother of the deceased is a homemaker and doesn't know the legalities but is looking for her share on her son's shop