pls advise

Querist : Anonymous (Querist) 19 March 2010 This query is : Resolved
My brother died accidentally two years back. He has no children. My brother's property and my sister in law(deceased's wife) are looked after by my brother in law. But my mother is being neglected. And also my mother did not get the insurance amount though she is the co nominee.
Can my mother claim for share in my deceased brother's property.
If yes then what action she has to take now?

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Parveen Kr. Aggarwal (Expert) 19 March 2010
Your mother is one of the legal heirs of your deceased brother and as such, entitled for 1/2 share in all the properties left by him. Your mother may institute suit for recovery of due amount and possession of properties against the person who is in possession of the properties.

Kumar Thadhani (Expert) 20 March 2010
Yes she can very well claim her share from Insurance and also can claim possession of property upto to her 1/2 share.

Raj Kumar Makkad (Expert) 20 March 2010
I have similar opinion as of both the experts.

Parthasarathi Loganathan (Expert) 20 March 2010
Author should apply for Succession Certificate on the basis of Legal Heirship Certificate issued by the competent authorities.

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