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Can widow sister in law claim to be legal heir for property


01-Jul-2023 (In Civil Law)
My mother died on May 2016, she was a principal in mcd school. My father also exited long time ago. I have one elder sister who is Govt teacher and i have one big brother who also died in 2012 n his wife and her son also leave the home after brother death. Now the question is my mother retirement funds PF and all benefits are stuck in mcd office as in gpf my mother mentioned me and my brother as nominee with 50 50 share n suddenly my sister in law has submit an application for her share in my mother retirement money and all benefits. N now she again not living with us, she is married now in her village. Now mcd said for making succession certificate. So my question is can i apply for succession certificate alone in the court or in the tahsildar in sdm court.. What will happen if i mentioned only me legal heirs as i already made an affidavit from tahsildar for me legal heir left... Please help me regarding this... How much it will take?
Answers (2)

Answer #1
659 votes
If your brother has a share in the property, after his demise your sister in law and his son has equal rights. Family whether it is single or joint, if it is acquired as a legal heir then in that case his legal heir has also share.
Succession certificate is instituted when the property is in dispute between family. If you have settlement then a certificate can be acquired in tehsildar office with all of your consent. In your case you have to file a suit in the court of law for succession certificate.

Answer #2
681 votes
These type of query would much more easier to handle by face to face communications. These case much more complex and many legal formalites are to be arranged in order to prove succession in court of law

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