Dhara 522,523 & 420
IQBAL
(Querist) 10 March 2018
This query is : Resolved
Dear Sir,
Late brother's wife have done FIR against mother and brothers under dhara 522, 523 & 420.
That widow who has done FIR, is working in Railway on recommendation of my mother, brothers and sisters for the last 2 years.
She is working in another city.
My late brother's own property is under my mother possession.
As per Islamic rule, my mother has 1/6 right in property.But brother's wife did not give.
Even she did not give anything belonging to late brother where as mother has right 1/6 in materials and money left by late brother.
What should be next step from my mother?
How to proceed further as mother is 67 years old and heart patient?
P. Venu
(Expert) 11 March 2018
Please post simple facts without any assumptions and presumptions.
J K Agrawal
(Expert) 11 March 2018
file a succession suit before a civil court under muslim laws and file an application for letter of administration before the Sessions court under Indian Succession Act. You can file injunction suit also for Right to retention till succession opens. The Dhara 522 and 523 we do not know.
Dr J C Vashista
(Expert) 12 March 2018
I agree with expert advise of Mr. J K Agarwal.