Need advice

You have to lodge complaint in nearest Police station against these persons...

no not necessary, but if you have proof then file along with complaint, it is helpful for registering the FIR..

I am a widow of an Engineer in a reputed Organization,who expired on 22nd July 2011.I have a 8 yrs old daughter . As mentioned in the nomination of the corporation, being a 100% nominee ,i received the total amount of gratuity and funds of the deceased. on the other hand my mother in law filed a case against this claiming for the succession and one third share of the funds stating that she was totally dependent on her deceased son. although her husband is alive and is a pensioner. she has two more sons holding good position,  both earning a good amount per month. recently i came to know that she is in U.S.A these days residing with her youngest son and grandsons  and influentially she has been granted the succession of her deceased son, few days back. 

i do not have any type of  property on my name (left by my husband ) nor my daughter has . i take private tuition to earn for bread and butter both for me and my daughter. i have filed a case against my in laws for widow harassment in the year 2011 itself. financially i am not that strong enough to pay off for these cases. it was for the same reason succession case got ex-party. at the same i am not claiming any thing from my husband's ancestral property for me and my daughter.  The funds received from the organization helped me to buy a shelter for my daughter and  to bear my daughter's educational expenses.

on the basis of that succession certificate  my mother in law is claiming for her share from the funds of the deceased which has already been paid to me by the organization .

*Will the organization or the court  recover that money from me although i am the 100% nominee? 

* as per the laws who is the needy of the funds, the mother enjoying and having good times in India as well as U.S.A. with her husband , sons and grandsons or the widow struggling for day to day living for herself and her  8 yrs old daughter?

* in future if i plan for a remarriage, will it it effect my present rights?

Kindly assist what to do?

Hi,

firstly you have to challenge the succession certificate, which is granted in favor of your mother in law..

You are your daughter has legal right in the property of your husband, but simulteneously the mother is also entitle as per the succession act. But in view of the circumstances mentioned by you I think it depends on the court.

Your mother in law will get 1/3 rd share... but court  has power to reject her claim as per the dependency of you mother in law on your husband AS other sons are there etc...

your right will somewhat affacted by remarriage, but your daughter will get everything.... don't worry

If your husband had died without NOMINATION, then succession certificate will come in play, in this case he has gone for that, no need to worry about that, she is fighting losing battle. I agree with the above contention that succession certificate has to be contested. Even if you get remarried in future, you will have a say in your ex husband property.

Thanks for the advice.

now we could locate my brother. shall i take him to the police station and handover to the court or what is the best solution to my problem?. plesase tell me

No need to expose him to the police. Have you filed any police complaint as advised above? If you have now you go to the police and give the address of your brother. Are his customers still coming to you and threatening you?  If you really fear, give them your brother's address when they come next.

sir

Inspite of getting the address and personal interaction with my brother, these people are still threatening me. one of the person gone ahead and sent me a SMS saying that my brother had lost all of money and he could not return. if he or me could not pay him back, he is telling that he will commit suiside  infront of my office. he is trying to blackmail me and creating lot of nuisance. please tell me what i should i do. 

Those people are desperate and are trying everything they can to get their monies back.They have no legal claims on you. If, in their desperation, they try to harm you or your family members physically you can ask for police protection. But, if at all, that will give you only limited protection. There is no alternative for you but to face the situation. You take all precautions which normally a person in circumstances similar to yours will take. Mostly all will be empty threats only. If you get cowed down they will take advantage.