• Legal issue

My husband had two elder sisters and one elder brother. We have the property issue after the death of my mother in law and brother in law. In that period my husband also very unwell. The property included the hotel and parental home both are  in pagdhi system is in the name of mother in law. As soon as  they both died within one week  my second sister in law  started to ask her share in the property. In that time the business also not ruuning well and prevouisly my brother in law mainly managing the business . There is huge amount  has to paid creditors. With due respect to my brother in law my husband  not  much  interfere in the business . My husband told my sister inlaw that he will give her share but she has wait atleast two year but she is won’t listenting and want share as soon as possible. She even told  that the landlord not to give him Noc as I and my husband are fraud. She is taken all mother in law jewellry before and even  took all  brother in law jewelry. After  that she started saying to pay her monthly maintainence  because she is poor and my mother in law also giving her. Within one month she send letter from advocate demanding to share or give her monthly money. We have not answered to that letter. After two month effort we have got the  bank money of brother in law. She even created problem in bank to have share in that money. Till today that money is also stuck in bank. She Put RTI every licence Dept  for not to transferred the licence in  my husband name. Despite we  get it  BMC licence transferred. But in excise dept she is daily putting RTI and asking them how do they permit to run business because licence is in my mother in law’s name. After that is wrote hand written letter asking for monthly maintainecn of Rs 25000/- and  that also from the month of their death. She is daily visiting Excise Dept and harrsing them  so they decided to the  put matter in front of Collector.  There she is bring her advocate and collector said u must compromise with her otherwise he will not renew our licence in March. Excise Dept send letter saying u settle the matter before 31/3/2014 otherwise they will not renew the license. Now she is also send the letter for settlement  otherwise she will indirectly go the Court. But My Husband and I don’t want to compromise with  her because she had taken jewelry  first she told that she will give  whenever necessary after that she simply denied it  and says that it belongs her only. Last year we are got into trouble for excise licence fee for not having enough money and bank money is also stuck and even jewllery also she taken. Somehow we manage paid the fee last year  but now  our licence won’t renew. My sister law is married in 1999. I want to know about her rights and upto what extend she can go ? Please advice what to do?
Asked 4 years ago in Property Law from Mumbai, Maharashtra
1. As the hotel and parental home are in the name of your deceased mother-in-law your husband and all his surviving siblings have an equal share therein. Legally speaking, your sister-in-law is entitled to file a case for property division to cull out her own share in the property. 

2. She cannot claim any maintenance from your brother. If she files a case for maintenance then contest it fittingly through your lawyer. 

3. She cannot claim sole right over the jewellery and other movable properties of her mother. Your husband also has an equal share therein. In order to succeed to the movable properties of his mother your husband may apply for succession certificate in the court.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1)on death of mother in law  your husband has only 1/4th share in mother in law property . for transfer of rent receipt in your husband name you would need consent of other legal heirs . unless they are willing to give NOC landlord wont transfer rent receipt . 

2) you have stated that your sister in law has taken away all your mother in law jewellery . i presume your mother in law died intestae . you should issue your sister in law legal notice to return all jewellery which she has fraudelently taken away after your mother in law death . the complete list of jewellery must be enclosed to legal notice . 
3) as far as brother in law is concerned did he leave any will or he died intestate . was he married or died a bachelor . did he  have joint account in bank ? did he leave any nomination ? . bank may insist on NOC of other legal heirs before releasing funds . 

4) if your sister in law has issued legal notice through an advocate you must reply to the notice . refuse to pay her Rs 25,000 demanded by her . as far as her share is concerned agree to give her a share in the profits from buisness . agree for division of the properties .

5)it is better you meet a local lawyer . for transfer of excise license you may need consent of other legal heirs as it was standing in your mother in law name and she died without a will .
Ajay Sethi
Advocate, Mumbai
45747 Answers
2692 Consultations

5.0 on 5.0

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