In what manner can I demand my share in the husband's estate and ask for maintenance from the estate.
Situation : I am a 57 year, 8 months old widow. My husband expired in 2002. My husband has two brothers.
We were residing in a house which is jointly owned by my father-in-law and one of my brother-in-law (Mr. A). My father-in-law expired in 1981 but his name has not been removed from the share certificate of the house. He had made a will according to which the entire property will be divided between the brothers equally. However, my husband died intestate.
Further Mr. A shifted to another flat (solely owned by Mr. A) in 1999 itself. After my husband's death, I along with my daughter also shifted to Mr. A's flat. My other brother-in-law (Mr. B) still stays in the flat. We are not in good terms with him and he along with his wife used to mentally harass all of us.
Mr. A (although doesn't reside in the concerned property) and B failed to pay the maintenance of the Society because of which the matter went to the Co-operative society court and the order to auction the flat has been passed. However, it has been a year that the auction has not taken place.
I have turned old and have no means left to maintain myself now. Mr. A is 68 years old and has no children of his own. My daughter is 20.
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You can file partition suit.
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