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mohammed (cse)     26 August 2010

LEGAL HEIR

GOOD EVENING TO ALL LEAGAL ADVISORS,


I NEED GUIDANCE REGARDING THE FOLLOWING KINDLY DO THE NEEDFULL-

LET ME EXPLAIN WITH CHARACTERS-

MR. A expired and A's legal heir is his wife  B,

Even B expired recently.

A & B HAS NO CHILDREN.

B's elder sister's son is P.

A & P were running business taking a franchisee.

Since A is expired leaving her legal heir B & even B is expired, So the company needs A's Brother's sons OR A's Sister's sons to come forward and take the propasal of the business, if not they can give an N.O.C (NO OBJECTION CERTIFICATE).Till then the company wont allow to run the business plus stop supplying the goods...

As P approached A's Brother's sons OR A's Sister's sons- they said they are not interested and neither they wanna give N.O.C to the company.


1. I NEED U LEGAL EXPERTS TO GUIDE ME WHAT IS THE REMEDY OF THIS ?

2. HOW TO SOLVE THIS?

3. HOW TO CONVINCE THE COMPANY THAT A's Brother's sons OR A's Sister's sons are not interested and neither they wanna give N.O.C to the company....?

PLease guide me , i will be really greatfull....

 



Learning

 1 Replies

P.K.Haridasan (Advocate)     28 August 2010

Your name implies that you are a Mohammmedan  and  I presume  that you are following sunni Hanafi law of inheritence. Since A has no children his wife will get only a fraction of share. Since she is also no more   the legal heirs of A and B are the legal inheriters of the property left by A.  If they are not willing to give no objection certificate  within a stipulated time,  advise the company to issue legal notices to all legal heirs. If they are not ready to comply and take any action., tell the company to issue the franchise to  a new man.


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