Wife of your brother as widow and his mother are class I heir of the property of deceased  brother. Both are entitled to share equally.

1. The legal heir certificate obtained is by submitting false information and can be cancelled. issue notice to employee informing of bogus legal heir certificate. You can file criminal complaint against her under Section 193 of Indian Penal Code, 1860 for which  punishment is 3 years imprisonment.
2. Employer cannot accept the certificate submitted by her as the certificate is suspicious, showing her only legal heir. But it is better to inform the employeer.
3. Obtain a succession certificate from Court showing mother also as legal her and entitled to all benefits of deceased   Mother will get half share.  

1. Any legal heir certificate that excludes genuine legal heirs is invalid and not enforceable.
2. Mother is class I legal heir, father is not legal heir in presence of mother.
3. Employer cannot accept such certificate with is suspect on the face of it. But is it better to inform the employer of the false certificate .

On demise of your brother your mother and his wife would be legal heirs 

2) request company not to make any payment to wife 

3) apply for succession certificate from district court in name of legal heirs 

Father is not class 1 legal heir 

only mother and deceased brother  wife are the legal heirs 

apply for succession certificate 

issue legal notice to company not to make any payment to wife 

Hi, parents are also entitled for the death benefit and you can writ a letter to the company for stop payment of the amount and get legal heir certificate include your name in the property.

Dear Sir

Your mother and your brother's wife are both legal heirs.

For this reason, your brother's wife cannot claim all his properties, without giving an equal share to your mother.

Thank you

It.  should include everybody. 

Regards 

G.RAJAGANAPATHY 

High Court of Madras 

1. the legal heirs of a male Hindu are his mother [if alive], his widow and children. Father is not a legal heir

2. hence the company should not accept the legal heir certificate which stands in the sole name of the widow

3. the other legal heirs will have to challenge that LH certificate in Court by filing a revocation petition

1. Yes if they are living shareholders they should be party

2.  yes

3.If he is ready then you can submit unless not challenges by anyone

If you need any further assistance then you can approach me through kaanoon or LinkedIn.

1. Legally mother of the deceased son is entitled to get share , and hence a legal heir certificate in the absence of her name is invalid .

2. No

3. Mother can lodge a compliant with the employer and even in Registrar who has issued this certificate 

- Further, mother can also issue a legal notice to the employer to attorn her name also as legal heir of deceased son.

- Further , she can also file a complaint before the police against her 

1. The class I legal heirs to your deceased brother is his wife, children and mother alone.

Your father cannot be a  class I legal heir to your deceased brother. Hence she should have included your mother in the legal heirship certificate. 

2. The terminal/death benefits of the organisation may be settled to the nominee on record, however, if they had sought the legal heirship certificate and if the same was submitted without including the mother of the deceased employee, then the mother can raise an objection to the company and instruct them to withhold the settlement of the death benefits to her.

3. If the mother of the deceased employee is entitled to any share in the death benefits, she may file a suit for recovery in the civil court if the company refuses to give her share. 

1. The father cannot be included as class I legal heir, however mother is one of the class I legal heirs, hence an objection may be given to the concerned Officer who had issued this certificate in this regard.

2. No.

3. Issue a legal notice giving the details and ask them to hold the payment of the death benefits. 

1. The living mother, wife and children of your brother, died intestate, are the legal heirs of the properties left by your deceased brother.

2. Your brother's mother, if she is alive, is also the legal heir of his properties and no other person. PF, Gratuity, LIC amount  etc can be obtained by the wife if she has been mentioned as the nominee & in that case, she shall have to share the amount with your living mother.

3. If your mother is ali, she shall have to file a Recovery suit claiming her share of the said property usurped by his wife. 

1. Father is not entitled to be his legal heir.  It will be invalid if mother has not ben included in the legal heir certificate.

2.  Father is not entitled to be his legal heir..

3. Write a letter to the employer and then file a Recovery Suit against her in case she refuses to part the share with your mother as explained in my earlier post.

Nominee is just a trustee the property gets divided between legal heirs if there is no will for specific division

Legal heir certificate will be entertained in any circumstances

Yes divided primarily to wife and then dependent mother. 

Father will also get his share he is also the legal heir

Nominee is only trustee for legal heirs 

2) in view of legal heir certificate by wife company would not make payment to father 

3) mother and wife should get all the dues from company 

4) father would not get any share 

1. Your father can receive the settlement amount on behalf of the legal heirs provided the legal heirs do not object or dispute about this settlement to the nominee. 

2. The nominee is just a trustee to receive the money and to disburse the same to legal heirs. 

3. Read the above answer. 

4. Since he is not class I legal heir, he cannot claim any share in it during the existence of class I legal heirs. 

Dear Sir

The nominee is only trustee for legal heirs 

His mother and his wife should get all the dues from company, however the father would not get any share.

Thank you

1. & 2. Nominee is not the owner of the amount for which he has been nominated. Nominee is considered as Trustee of the said amount which he shall have to pass on to the legal heirs. Since the wife of your deceased brother has submitted the legal heir certificate, the said legal heir/s will now get the said amounts.

3.& 4. Your father being the Nominee of the accounts will not get anything since the amounts will be given t the legal heirs.

1. nominee would get all the funds of the deceased but only as a trustee

2. he cannot use those funds for himself

3. he has to account for the same to the legal heirs of the deceased

4. if he does not then the legal heirs will have to file a suit against the nominee to recover that money

5. the company will release funds to the nominee. Such release is legal. 

1As per law , a nominee is considered as a trustee , and cannot claim full right in the absence of legal heirs. 

- Hence , all the legal heirs can claim a right over the deceased outcome i.e. his wife and mother , and father will not get any share into the same. 

2. Father will not get any share , as mentioned above 

3. Yes, mother and his wife will get equal share , and father will get nothing 

4. Father has not right to claim any share legally. 

1) on father demise property would devolve on mother ,you and your brother widow 

2) property standing in name of brother would devolve on his spouse and mother 

3) both have to pay brother debts in proportion to their inheritance 

4) mother can claim share in assets she is not aware of 

5) car and other assets can be sold and sale proceeds split equally 

6) jewellery would devolve on wife only 

7) if spouse has used funds claim share in the funds equally 

8) bank accounts balance should be shared equally 

1. No

2. It's illegal then

3.you can object to the same

4. Yes

5. If both have equal share then yes

6. If the same is common property then yes

7. You can recover it through court. 

8.Every asset in which they have share

9. Yes

10. Both

11. Equally

12. If self acquired then no. Otherwise yes

1. If that is received without getting the consent of mother and her name is not mentioned therein , then it is not a legitimate document 

2. Yes, mothers signature is mandatory

3. No, an objection can be filed by the mother in the company.

4. Yes , if she is co-owner of the property

5. Yes

6. No 

7. The accounts in the name of your brother can be claimed by your mother equally.

8. Your mother can issue a legal demand notice to her for sharing all the belongings left by her deceased son.

9. She can enquire from the registrar office 

10. Yes, equally if mother got her share in the property /assets of her son

11. Equally. 

12. Yes, all the legal heirs are equally right but not during his life time. 

1. If the contents of the family tree document are correct then there is no legal infirmity about this document.

2.  No it is not necessary 

3. It is an authenticated documents containing the correct information, hence if at all the mother has any grievance about the correctness of the facts stated therein  then the mother can record her objection to this, otherwise there is no such representation maintainable especially for the reasons you have stated.

4. She can claim a share out of her son's share in that property.

5. If the spouse has been nominated in that account, she has to share the balance with the other class i legal heir i.e., the mother of the deceased account holder. 

6. No, they have been intentionally done by your brother during his lifetime, hence your mother cannot claim any share out of that transferred amount.

7. Your mother has to issue a legal notice asking for her share and file a money recovery suit in the court.

8. She may either have to compensate with money to the value equal to her share or she may sell the same and consideration amount may be equally distributed between both.

9. She has find them out through her own sources and claim hr rightful share in that also.

10. If the legal heirs are inheriting the assets of the deceased they are equally liable to settle the debts incurred or remaining outstanding in the name of the deceased.

11. They both have equal rights in the property, they can partition either amicably or through court of law.

12. No, however if your father is reported to die intestate then she may get a share out of her deceased husband's share in it as his legal heir.

1.It depends on the report filed by bailiff if same is treated as served then the matter will proceed else it will not. 

2.No

3.Yes you can charge her

4.Yes

5.If no one from you both pay then bank will recover the same through due process of law. It's her liability to pay actually. 

Wife has to serve you at new address 

2) in alternative she can apply for substituted service ie by paper publication in 2 local newspapers 

3) all belongings would be equally divided between mother and wife 

4) legal heirs have to pay EMI and apply for NOac from bank 

1. In that case the plaintiff would be taking steps to serve the summons through news media or social media as per court's direction.

2. Read the above answer.

3. For obtaining legal heirship certificate the production of identity proof documents is essential, however by obtaining the legal heirship certificate she cannot grab the entire properties to deprive your rights in the property, if you have any.

4. Your mother can take legal action through court seeking share in the sale of such movable properties.

.5 Being a joint owner it is her responsibility, if she is not taking steps for repayment then the bank will take steps to recover the loan amount by bringing the property for auction sale,.

1. Till the time , the said summon not served on the named person , it will not considered as service of summon, and hence the court is bound to re-issue the summon to the defendant 

- Further, if the said address is correct , then the court may direct her to serve the notice by way of affixation and publication .

2. If, none is living in the said address , then no order can be passed against the defendant .

3. Yes

4. Yes, both have equal right 

5. She and your mother. 

She has filed civil suit against you 

2) it is necessary to peruse reliefs claimed in suit to advice 

3) you would get summons 

4) you must engage a lawyer and file detailed reply 

1 to 3. No consent or signature of/from your parents are required to be obtained by the widow of your deceased brother for placing your family tree or applying for legal heir certificate.

4. All the belongings of your deceased father will be equally owned by his mother and widow. Since she is the co-owner of the said flat, she will be responsible for paying the EMI.

1. Order VII rule 1  is in connection with particulars to be contained in the plaint and section 26 of CPC is in connection with institution of suit. You shall have to go through the plaint and find out what is the prayer to understand what is the suit for.

2. Please go through the plaint to understand what for the suit has been filed by her. No answer can be given based on what she has told you.

3. & 4. For any suit, summons will be issued for which the parties shall have to attend the hearing either personally or through their Advocates.

1. The provision is common to all kinds of original suits to be filed before any court across the country.

If you want to know the reason for filing this suit and the relief sought, you may have to go through the plaint.

2. Without knowing the contents of the plaint, any opinion  rendered would be a misguidance.

3. Of course, whoever have been impleaded as parties to the suit will certainly get the summons from court.

4. It depends.

Dear Client,

                    A suit under this order VII rule 1 is filed mostly in relation to person or property matters,specific performance,money recovery or if suffered damages or losses.A survival certificate is generally granted by the district court having jurisdiction over the place of residence of the deceased , issued under section 370 and 371 of the Indian Succession Act and physical verification of documents might also be required for which it might be necessary to attend the court.

Thanks & Regards 

1. It depends on prayers of the suit. 

2. It can be

3. If legal heirs are party they need to attend court after summon

4. Yes