Sir / Madam,
My wife’s father passed away in 2013. He was acentral government employee(Postmaster) who retired in 2004. He is survived by two wives(second is illegitimate relationship). He has 3 daughters and one son from 1st wife and one daughter from second wife(illegal). The second wife happens to be the younger sister of his first wife. Both the wives stay under one roof. My wife is his first daughter. The daughter he has from his illicit relationship is his last daughter and the age difference between her and my wife who is the oldest daughter is 18 years. All his daugthers has moved out of the house because of differences with him and his two wives who stay under the same roof.. After his death, his only son is occupying the property which is 300 sq yrds.He lives in that house with his biological mother, his illegitimate mother cum aunt, his wife and his 1 yr old daughter. The last daughter from his illicit relationship was brought up by my wife and her two sisters by schooling her and giving enough support financially and emotionally. Now, that there is no will written by him(deceased), and all the sisters want to claim the share in the property according to the Hindu Law, the son who is younger to my wife by 2 years is not allowing her and the other two sisters. my wife doesn't have any copy of the property papers or any legal documents for that matter. My wife even tried to go and take possession of a room(share) till the property is equally shared among the siblings and the mother, her brother is trying new tricks every day to get her out as well as delay the process of sharing the property. I have few questions for you: (hoping all will be answered)
1) If i approach the court, will it grant my wife to legally take possession of her share and if it does not allow, can my wife ask her brother to pay rent for the house she is currently staying in?
2) Will my wife be able to construct any room though temporary if there has been an agreeement made between all the siblings to dispose of the property at the earliest, though i highly suspect that her brother will think of new ideas to delay the process of disposing even though he has signed the agreement. In that case what shall my wife do if contructing a new room(temp) is not allowed?
3) what are the steps my wife needs to take in order to get a copy of succession certificate? (bcoz her brother keeps saying that he is not finding her father’s death certificate, service certificate and all the other papers needed for it)
4)If my wife’s bilogical mother passes off in this process of property distrubution as she is very old, will her share go to her sister who is the illegal wife of her father? I know that one part of the share goes to the illegitimate daughter but what about the illegal wife?
5) My last and final question, what is the best way to get this all done as soon as possible? any ideas ?
Thanks & Regards,
Yash
