Legal Question in Civil Rights Law in India

we had hindu combine family. with my father in law, mother in law, my husband, and his 2 younger brothers. my father in law and my husband were doing business and had a shop at prime location in the city from the time of my husbands grand father. he was a femas businessman. my husband died in 2001, i have one daughter of 15 years. but we have not prepared legal hereship certificate, in 2006 i had leave the family to do service in the another city. in the same year my father in law died. mean while my mother in law & 2 brother in laws prepared legal hereship certificate but my or my daughters name was not included. now i had resigned the service due to health problems. i have no pension or other earning source. now living with my brother in another city. as they have @ 5 crore property my mother in law & brother in laws are not interested to give me my husbands share.

How can i get the share of my husband in the property of my father in law, for education & marage of my daughter and also for my future.


Asked on 5/21/13, 6:33 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.05.2013

Dear Madam,

You will need to challenge the legal heir certificate obtained by your husband's family members since you and your daughter have a legal right to be included in the certificate. The problem in a joint family is there is no clarity in the ownership of property. Since you need funds to support yourself and your daughter, you should seek a partition of the family property so that you get all that comes to your husband's share in it.

Regards,

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Answered on 5/21/13, 7:03 am


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