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
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 10 years ago in Property Law
17 Answers
but father is alive and the fixed deposit is both name (wife * husband) now husband is alive so how the son claim for FD.
Asked 10 years ago
wife share would devolve on her husband and 2 children . husband would need children NOC to claim the full fixed deposit amount
but that FD's are their own saving if the husband dont't want to share beacuse his age is 83 years he want to take share of house and live separetaly. still court force him. the son never give him single penny of his income. is their law that the father demand 10% income form the son and daughter's salary.
Asked 10 years ago
it is up to father whether he want to give it to his son or not,
if father say no i don't want to give share in FD to my daughter & son so the court never force him. is their any law for it if he is a senior citizen
Asked 10 years ago
he is free to give it to any body whome he likes
but court told him that they can collect the statement from bank when his wife expired .but after that court never force to mr. khot to give share his son & daughter.
Asked 10 years ago
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
bequeathing means sir
Asked 10 years ago
will of your wife
will in husband name
if wife left a will giving her share in fixed deposit to husband then it would belong to husband only
no will of wife
Asked 10 years ago
no will of husband name also
Asked 10 years ago
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
wife not left any will but the FD is both name then who is the main heirs
Asked 10 years ago
but FD made from both(wife & husband's) income so wife expired then the FD transfer to husband"s name accordingly bank a/c
Asked 10 years ago
in case of no will her(wife) share will be distributed between husband,son and daughter
already told you wife share will go to husband , son , daughter
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.
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.
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.
If father is neglected by his children then he can sue them for maintenance.
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.
query is resolved