Sec 15(2) of Hindu Succession Act
1. I am governed by Daybhaga School of Hindu Law.
2. My wife died intestate and childless on 27th September 2005. Her father died on 19th May 1971. Her mother died on 28th January 2007.
3. My wife has 2 married elder sisters and 2 younger married brothers and all of them have children.
4. After the death of her father, 3 sisters had filed a Partition Suit in December 1971 against their mother and 2 minor brothers as their mother was denying them money for expenses and daily disputes and mental torture of their mother.
5. The Court accepted the compromise proposal of the parties and distributed their shares and also marked the properties which were to be sold to pay the Estate Duty. One tenanted property was alloted to the 3 sisters jointly with equal shares with the condition that they could demarcate their shares to individual ownerships in due course. Their residential house and a major portion landed properties and bustee land was alloted to their mother. The minor brothers too got joint ownership of proportionate shares.
6. After the death of their mother, the 2 brothers and 2 sisters had registeref the sale of the property in which my wife had 1/3 share. They had also sold off land to promoters to construct buildings and residential flats without informing me. I was not paid any money as my wife's share.
7. My wife was afflicted with breast cancer in April 2005 and she died in September 2005. Inspite her precarious condition neither her mother, brothers and sisters had visited her or paid for her medical expenses. As cancer is a terminal diseases, I had requested her to show me the Title Deed of her properties, IT files, etc so that I was not put to extreme hardships of edtablishing her claims and rightful shares. Initially, she had said that her maternal uncle who was an Advocate and their family Advocate had assured her that a Will was not necessary as that may lead to taxation.problems; he had asdured repeatedly to ensure that her proportionate share would be given to me. Yet, I had requested her to show me the Title Deed of the property alloted jointly to the 3 sisters. My wife had talked to her mother and her maternal uncle, but the elder younger brother who was holding the family strong room keys, refused to handover the original document or a copy thereof. My wife had made two tedious trips by local bus inspite of her terminal diseases. She was given only a xerox copy of a registered Lease Deed executed by the 3 sisters. In effect, I did not have any idea or document regarding my wife's share in her gather's estate.
8. I have heard about the recent Supreme Court verdict, but I wish to know whether I can get her share and how to proceed in the matter.