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IHi I am 21 [F] currently residing in Ghaziabad. In January my mama( mother’s brother) passed away . He suffered from stroke in January, was in hospital for 15 days. He was going through a divorce . He had 2 daughters (one 27 and other 17) the younger one knew her father suffered from a stroke still didn’t come. My mama and his wife have been separated from 4 years(ongoing divorce). None of them visited him at the time of his stroke even after the death they came 5–6 hours late (they live in delhi)(had to call them because she is legally his life and we needed the body) . We out of our good heart invited them to the funeral and everything. After the death , we had the work laid out for us sorting his things . We decided that my nani would live with my mother as we only had one mama and mausi(lives nanital) . Mama had a good 1.6 crore flat(13lakh emi pending) 4-5 life insurances. And multiple bank accounts with lumpsum more than 40 lakhs and a new car which he bought 4 years back (baleno). All of which nomiees were his wife. Flat was 50 hers and 50 her daughter(younger one) , elder one earns. After the funeral we decided to give her everything without asking anything for my nani ( she has some savings and nanaji pension 20 thousand) but she stays ill and it is not enough for survival as I don’t come from a strong financial background. At the time of funeral we needed 2.5 lakh for pending bills, and funeral costs so we took it out of his accounts (which he gave permission to while he was alive) . Everything settled a little. His wife came one day threatened us while we were staying at mama’s house only. But we didn’t do anything. When we found a house , we shifted we took some utensils, fridge , sofa and a side table. After a few days she filed an fir against my mom, dad and my nani which is 80 years old saying that we took money and everything (detailed everything to the spoon ). My mom and dad went to the police station waited for her for 2 hours didn’t show up, the police asked us to write up an answer so we did. A week or so later she has debited 50,000 from my nani’s account which we didn’t realise was still connected or logged in on mama’s phone. We gave her everything in the presence of her the society(where apartment is) association made her sign paper and everything. But today she debited the money to mama’s account. I have blocked debif rights of the account but I don’t know what to do.
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UAs per Hindu succession act section 10, a estate of hindu man dying intestate shall be divided between widow, surviving daughters /sons and his mother … So all ur mama property will be divided among 4 sharers , his wife will take 1 share and 2 daughters and Ur Nani will take one share each .
So your Nani can legally file a civil suit for her share of property
Additional info :
Now as per section 14 of same act property of female hindu to be her absolute property so whatever ur Nani will inherit from share of ur mama’s property will become her own and as section 15 the property of female hindu devolve upon his sons and daughter … So ur mother along with daughters of ur mama will be the beneficiary of that property
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