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Vamsi (house)     01 June 2015

Succession -legal heir

Hi Sir,

I have few questions regarding civil law , could you please help?

1. Regarding propery division, my sis-in-law (my brother is no more) sent a lawyer notice to my father and to me regarding property share to our address in village. But, I am not in house to receive it. What will be consequences?

2. What will be consequences, if she sent legal notice to me if I wont receive it as I am not satying in that village (She dont know my postal address) ?

3. We want to settle but her demands are unrealistic , demanding more than what we have. She is aksing for gold,daimonds etc  and also all gold ornaments are with her only but in notice she is demanding all those along with huge property (which we dont have). She has taken all ornaments, which she is written on plain paper and she signed on it. We had proof of it, whether it will act as legal proof?

 

4. If we want to settle this, what will be the best way to settle legally. So that they wont come back to us in future.  My father is 72 years old suffering a lot because of this head ache. He is having lot of debts in the form of crop loans and private loans. Most of the property, he got it from ancestors and now he is not able sell it also to clear debts. I want to settle this once for all ? could you please suggest best way to settle legally.

5. Last year she filed maintainace case on my father , which is still in progress and suddenly we receive this. We are new to courts etc as their family having lawyers. So your support will be appreciated.

 

 

Thanks in advance,

Vamsi

 



 1 Replies

Kumar Doab (FIN)     01 June 2015

Other thread by the querist:

 

https://www.lawyersclubindia.com/forum/Death-of-my-elder-brother-84990.asp#.VWxd4VJ-hkg

It has already been pointed out that if the proeprty is ancestral then the share of deceased brother (Hindu) shall devolve upon ClassI legal heir(s)   i.e. spouse/children..........

You have the proof in the form of handwritten acnowledgment that can be examined by court FSL/CFSL.

 

Reply to the legal notice and contest the matter thru an able lawyer...............dealing in family/civil matters.

The lawyer can advise on claim of maintainance too................

The father can mortgage his share of property only...................

 

 

 


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