Wife need to file partition suit.
My father in law expired 3 weeks ago. He has not left behind any will with regards to his property and Bank FDs/Accounts etc. My wife is his daughter. He had son who expired 4 months ago. Behind him his wife is there and 2 kids. After father in law's death all the property papers as well as bank fds, passbooks etc are with daughter in law which she is not ready to give. In case I have to go for legal heir certificate / succession certificate the original property documents etc will be required. In such case how can I claim my wife's 50% share in property as well as the bank FDs etc... Your guidance in this regards is appreciated.
See your wife can wife for succession certificate and can give notice to sister in law and minor kids to produce the documents through court.
The succession certificate is for the FD and movable assets for the property you need to file for letter of administration.
Dear Sir,
Immediately file suit for partition and get stay order not to disburse the FD amounts and not to alienate other properties thus you can leisurely fight and get 50% share.
succession certificate is only for movable debts and securities
2) issue legal notice to daughter in law to furnish details of FD , bank deposits , investments lying in her possession
3) your wife should file suit for partition for division of properties , bank fixed deposits
4)mention that sister in law has failed to disclose these details . seek court orders to direct SIL to furnish said details
On demise of father in law, your wife entitled to claim equal share. Your wife should file partition suit at jurisdiction civil court and mention about all fds and other assets.
you can file partition sit in that case. Also in succession court can direct her to submit the documents from her custody.
Hello,
File a suit in the civil court with a prayer that the original are in custody of the daughter in law and she be directed to present the same before the court during the course of the proceedings.
Send a legal notice to her before filing the case in the court of law.
Regards
First ask your wife to issue a legal notice to her sister in law seeking her half share in all the properties whether immovable or movable that belonged to her deceased father.
The legal notice copy may be served on the bank manager asking him to stop disbursement of the FD amount to her till a decision is arrived from a court of law with regard to the successors in interest to avail the claim amount accordingly.
After that she may apply for a legal heirship certificate through the revenue department for the immovable proeprty and succession certificate through court of law for the movable properties.
She can mention in her petition that the original FDRs are held by her hence she may be directed to produce the same before court for verification.
You may discuss with your advocate on all such further issues.