• Brother died without will

my elder brother died intestate recently (feb 2015).he is having two daughters (1 from divorcee wife). his current wife had left the home leaving both her daughters. both daughters are living with us.(Grand father and grand mother alive ). my brother is having two trucks and 6 bigha agriculture land (land was purchased) on his name. my bhabhi had refused to sign on papers of trucks. kindly let me know

 (1)what are rights of my brother's two daughters and mother on his trucks? 
      what are rights of my bahbhi on trucks?

(2)can we sold trucks without my bhabhi's signature and deposit her share in court?if yes what is the procedure? if sold in what ratio the amount of both th trucks will be divided ?

(3)can we operate the trucks on my brother's name?

(4)can we get trucks transferred on the name of my brother's daughters?if yes thn plz mention the procedure.

(5)the elder daughter dob is 25-06-1998.

(6)we are forced to pay the tax of both the trucks.

(7) what will happen if she will not sign on papers of trucks? thn what shd we do ?
Asked 2 years ago in Property Law from Indore, Madhya Pradesh
Religion: Sikh
1) on your brother demise his second wife , 2 daughters and mother are the legal heirs 

2) each have 1/4th share in his property 

3) for sale of trucks you need your bhabhi signature too 

4) you cannot operate trucks without consent of all legal heirs 

5) for transfer in name of elder daughter consent of other legal heirs are necessary 

6) apply for succession certificate in district court . enclose copy of death certificate and other documents 

7) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
25984 Answers
1414 Consultations
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1. Since your brother died intestate his wife and children have an equal share in all his movable and immovable property.  

2. The trucks cannot be sold without the written consent of your brother's widow and his both daughters. If your sister-in-law refuses to sell her share in her deceased husband's movable property then the share of the daughters may be sold with their consent.

3. The trucks can be operated, but the income earned from the trucks has to be remitted to his widow and daughters.

4. The trucks can be transferred in the name of your brother's daughters only if his widow executes a deed of relinquishment in their favour.

5. You are under no obligation of law to pay the tax on the trucks.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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