Save our mother's flat

Situation : My deceased sister's son is asking for a share in my mothers Property. My mother left an apartment where my other sister is living with her husband. My elder brother in law and nephew is asking for my elder sister's share who passed away in 2005. We were four sisters, two are dead. Elder sister is survived by one son, Younger sister had no heir. Flat is in my mother's name. We do not want to sell the flat. Please advise what can we do to save the house so that my sister can continue to live there. please reply via mail as i may not be able to pick up a call during business hours.
Related Topics : Property Law
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Advocate Justice Kishan Dutt Kalaskar

Bangalore 
For More Details Contact On +91 7769012300.
A:

Dear Sir,

It can be divided on the following rule of law.

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Section 15 in The Hindu Succession Act, 1956

15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

 

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