• Partition suit

Hello sir,
mr. khot file partician suit with her daughter but his son also want a share in their fix deposit money & jewelary.

is their law that they have to give the share to the son in money & jeweelary?
but Mr. khot donn't want to give the share on fixed deposit money so the judge also force mr. khot or not?
please reply.
Asked 3 years ago in Property Law from mumbai, Maharashtra
son would have share in movable and immovable assets of deceased . if no will has been left by deceased on his death son , daughter ,husband have equal share  in his bank deposits, and other properties
Ajay Sethi
Advocate, Mumbai
26159 Answers
1421 Consultations
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wife share would devolve on her husband and 2 children . husband would need children NOC to claim the full fixed deposit amount
Ajay Sethi
Advocate, Mumbai
26159 Answers
1421 Consultations
5.0 on 5.0
it is up to father whether he want to give it to his son or not,
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
he is free to give it to any body whome he likes
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
what you  fail  to understand is fixed deposit receipt is in name of father and mother . it is your case that mother is dead . on her death her share would devolve on her legal heirs . mother should have left will bequeathing her share to her husband only . 

father can seek maintenance from his children under maintenance of Senior Citizen Act . court can award him upto Rs 10,000 per month
Ajay Sethi
Advocate, Mumbai
26159 Answers
1421 Consultations
5.0 on 5.0
will of your wife
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
will in husband name
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
if  wife  left a will giving her share in fixed deposit to husband then it would belong to husband only
Ajay Sethi
Advocate, Mumbai
26159 Answers
1421 Consultations
5.0 on 5.0
on basis of facts stated by you  i reiterate on death of wife her share in fixed deposit lying with bank would go to all her legal heirs . father can obtain letter from daughter / son that they dont have any objection to money being paid to father
Ajay Sethi
Advocate, Mumbai
26159 Answers
1421 Consultations
5.0 on 5.0
in case of no will her(wife) share will be distributed between husband,son and daughter
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
already told you wife share will go to husband , son , daughter
Ajay Sethi
Advocate, Mumbai
26159 Answers
1421 Consultations
5.0 on 5.0
Son has an equal share in the properties, movable and immovable, of his parents if either of them dies without making a will. This is the law.
Ashish Davessar
Advocate, Jaipur
19239 Answers
484 Consultations
5.0 on 5.0
If father is alive them son can claim apportionment of movable and immovable assets of his deceased mother. Father cannot lay a claim to the full FD amount unless there is consensus between him and his children.
Ashish Davessar
Advocate, Jaipur
19239 Answers
484 Consultations
5.0 on 5.0
Father is entitled to retain his FD and all his movable and immovable assets, but he cannot legally assert that his children be deprived of a share in his deceased wife's movable and immovable assets unless she made a will during her life time.
Ashish Davessar
Advocate, Jaipur
19239 Answers
484 Consultations
5.0 on 5.0
If father is neglected by his children then he can sue them for maintenance.
Ashish Davessar
Advocate, Jaipur
19239 Answers
484 Consultations
5.0 on 5.0
Since no will has been left by wife of this man the movable and immovable assets owned by her will go to her widower and all children in equal shares after her death. Father can make a will and legally deprive his children from claiming his movable and immovable assets, but he cannot emasculate the rights of his children in the property of their deceased mother.
Ashish Davessar
Advocate, Jaipur
19239 Answers
484 Consultations
5.0 on 5.0
query is resolved
Ajay Sethi
Advocate, Mumbai
26159 Answers
1421 Consultations
5.0 on 5.0

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