You are the legal heir and you have right in the said property. You can file a partition suit if you desire to if your share is not given to you
We are two sisters,and aged mother 85.My father died suddenly(2010) without any will.He left behind 20 lakhs FD and a house worth today 30 lakhs. My mother is co -owner of the house,and my elder sister is staying with her son in the house.The house is in my mother name and also all the FDs Now suddenly my mother want to give everything to my sister . My QUESTION IS 1)Do I have any legal right to claim share? 2)Can I be denied entry to the house? 3) immediately what legal step should I take? 4)Still some dividend warrants coming in my late father name is getting deposited in my mother account which was jointly with my father .Is this legally right? PLEASE HELP DIVYA [deleted]
You are the legal heir and you have right in the said property. You can file a partition suit if you desire to if your share is not given to you
1. You say your father left behind a house and also say mother is co-owner? Can u plz clarify
2. If father was owner of house, then you have a legal share in it being his legal heir
3. If house was in joint names of father and mother, then you have a share only in the 50% share of the house
4. You also have a share in the FD booked in name of your father
5. For the dividend warrant, check the mandate. Whether its 'either or survivor'. If the shares are held in joint names, then you have a claim in 50% amount of your father
6. You will have to file a partition suit to claim your share
7. Also issue public notice in local newspapers that you are legal heir of your father and have a share in his properties and no one should deal with them without your consent
1. Yes you have 1/3 share in property of father that is FD and the house.
2. No you cannot be denied access to the house.
3. File a partition suit for house and obtain a succession certificate for the FDs.
4. You will have share in the dividends and can claim the same.
you have right to claim share in deceased father property
2) you cannot be denied entry to the house
3) file suit for partition for division of house by metes and bounds
4)seek injunction restraining mother from creating third party rights on the house
5) intimate bank about father demise
6) father account would be frozen . apply to company for transfer of shares , fixed deposits in name of legal heirs
Dear Madam,
My answers are as follows:
1)Do I have any legal right to claim share?
Ans: Yes, you have absolute right
2)Can I be denied entry to the house?
Ans: No, they cannot
3) immediately what legal step should I take?
Ans: File a Partition suit in Civil Court and get injunction order restraining them to do so.
4)Still some dividend warrants coming in my late father name is getting deposited in my mother account which was jointly with my father .Is this legally right?
Ans: Yes you have right.
The following information will useful to you.
The property of a Hindu male dying intestate, or without a will, would be first distributed to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no Class I or II heirs, then the property will first go to agnates (distant blood relatives of male lineage) and if no agnates are available then to cognates (distant blood relatives of male or female lineage). And if there are no cognates, then the estate will go to government.
The following relations are considered to be Class I heirs:
The widow (or widows), mother and each child(son or daughter, the law makes no distinction) take equal shares. Where one or more of such sons or daughters are no more, then, the Class 1 heirs in that branch will all jointly stand in the place left behind by such deceased son or daughter.
Example 1:
A person ‘A' dies without writing a will. He is survived by wife, son and a daughter. In this case, A's wife, son and daughter come under class 1 heirs. so, all 3 people being class 1 heirs will get an equal share in A’s wealth.
1. Since your mother is half owner of the property on death of your father you get 1/3rd share in the 1/2 share of your father making you thus 1/6th owner of the house.
2. So your mother can not transfer more than her 1/3rd share in the property in favour of your sister.
3. Now if your rights in the property is denied you can file a suit for partition and injunction on sale of the property to frustrate your share.
4. Similar relief is available to you if your father co owned the FD s as well.
Dear Client,
You have 1/3rd share in father`s assets.
NO
File partition suit.
Mother being nominee can receive but than it will distribute acc. to inheritance law. 1/3rd each.
hello
the property of your father belongs to his wife and children. they all have an equal share. therefore, obtain a succession certificate from the district court and on the basis of that file a partition suit along with an application for a temporary injunction so that they cannot dispose of the property.
regards
1)Your mother can transfer her share to your sister
not entire property because she is co owner and
50% of property will be divided equally among class 1
heirs i.e widow your mother, sons, daughters.
2) as a legal heir you have a rights to enter in property, you can file partition suit and claim your share.
1. If your father has died intestate then all his assets, movable or immovable, have devolved equally on his widow and all children.
2. Even if there is nomination made by your father in favour of your mother for the FD it entitles her to only redeem the FD, but she cannot alone pocket the entire amount. She is under a duty to distribute it among the legal heirs.
3. You can file a suit for partition to cull out your share in the properties of your father.
Since without will, it will be intestate one. SO automatically you are also having legal right. your share will be 1/3 of your father share.
No one stop your legal entry
Send legal notice to your mother and sister claiming your legal right
Regarding Bank as well as share company to be informed about your father demise, without further delay.
1. You have a rights for a legitimate share out of your father's share in the property and also in the FD.
2. You can seek partition and demand your share in the property.
3. File a partition suit.
4. If it was a joint account then it can be deposited however the dividends on his name has to be stopped as he has died long back, it should be made on the legal heirs name.
1)Do I have any legal right to claim share?
Answer: You have claim over the share of your father;
2)Can I be denied entry to the house?
Answer: You have claim over the house. You have 1/3rd share in the house;3) immediately what legal step should I take?
Answer:
a. Firstly obtain legal heir certificate from the nearest tehsildar office for staking claim on the FD's;
b. Then file for letters of administration for claim the house.4)Still some dividend warrants coming in my late father name is getting deposited in my mother account which was jointly with my father .Is this legally right?
Answer: Did your father make any nomination then maybe yes it is legally acceptable.
Consult a local lawyer and take steps.