On demise of brother only surviving sister would be legal heir 

mother parties have no share in deceased property 

succession certificate would not be revoked 

Then the same will be turned into testamentary suit and court will decide the same on merits. The succession certificate will be in effective vide courts order

Divorced wife has no share in her ex husband property 

2) verbal promise  cannot be enforced 

3) please note that on brother demise only surviving sibling is class 2 legal heir 

4) deceased sisters children have no share in property 

NOC is given by other legal heirs on understanding that the successor shall execute  undertaking to share the leftover properties. After getting named as successor she went back on her promise. Succession Certificate is issued  by District Court. You need to challenge the order grant of succession certificate in High Court on the ground that NOC was given with understanding that property will be shared and such understanding is now violated. NOC cannot be challenged on the ground of  fraud of coercion as the same is given in competent Court.

The succession certificate can be utilised only to succeed the assets (movable) as mentioned in the succession petition to which the appropriate stamp duty has  been paid by the petitioner. 

Besides if the other claimants have already given their no objection for this claimant to obtain succession certificate, then it may not be possible for them to claim any share out of the amount to be received by this successor if they have not been included one of the successors in interest. 

Especially in the absence of any such pre condition or an agreement, they cannot even produce any evidence before court in their claim for their respective share in the claim amount. 

In case wherein a male Hindu dies, unmarried, and is not survived by any class I heir, the property shall devolve among class II heirs. The second class of heirs comprises 19 heirs out of which ten are males and nine are females; these heirs are further divided into nine subcategories. 

The division of interest among the class II heirs is primarily governed by two rudimentary principles:

1. The heirs in a higher subcategory will exclude the heirs in the lower subcategory. For instance, the heirs in the first subcategory will have preference over the heirs in the second subcategory, the second one will have preference over the third and so on.
2. All the heirs in one category shall take the property equally according to per capita rule of distribution of property, the order in which the name appears in a subcategory is irrelevant.

The under given table depicts the classification of class II heirs into various subcategories categories:

Subcategory

List of Heirs

Subcategory I

Father 

Subcategory II

• Son’s daughter’s son
• brother, 
• sister

Subcategory III

Daughter son’s son

Subcategory IV

• Brother’s son
• Sister’s son  
• Brother’s daughter 
• Sister’s daughter 

Subcategory V

• Father’s father
• Father’s mother  

Subcategory VI

• Father’s widow 
• Brother’s widow 

Subcategory VII

• Father’s brother 
• Father’s sister 

Subcategory VIII

• Mother’s father 
• Mother’s mother 

Subcategory IX

• Mother’s brother 
• Mother’s sister 

From the above it can be seen that the daughters or sons are placed below in the IV category, whereas the sister is placed under the second category, therefore legally the IV category heirs cannot claim any share in the assets of the decesed superseding the heir in the II category especially while the legal heir in the Category II is alive. 

Therefore any claim made before court of law may not be maintainable. 

The lone surviving legal heir of the brother dying intestate, who has not been survived by any class I legal heirs, shall have full rights over the properties/assets left behind by the brother.

The children of his other deceased sisters cannot claim any share in the properties when the sister of the deceased is surviving.

The divorced wife cannot claim any rights in the properties of the deceased, her relationship with the deceased was legally severed by a decree of divorce, hence she cannot exercise any right to claim even a single penny out of the deceased and divorced spouse. 

No divorce wife cant

Dear Client,

                  Undertaking' in a court is a guarantee and its breach is contempt.It simply means that if you break the undertaking you will subjected to the below consequences: Contempt of Court. Imprisonment. Fine and/or assets seized."Undertaking" to a court means "guarantee or promise" and its breach will invite contempt. "The word 'undertaking' has been equated with a guarantee or promise to a court to act in certain manner.Breaching a Form 10 Undertaking is an Offence often called "fail to comply" Agreeing to abide by the conditions of an undertaking is a serious matter. If you are found to be breaching the terms, you can be charged with the criminal offence of fail to comply or breach of undertaking.Once an undertaking has been relied on, it can only be withdrawn by agreement.

Thanks & Regards