You don't have any share in money of your wife's father. 

Your wife have the right and she will get it through the hindu succession act.

Hindu succession act - you are equally entitle to inherit father assets. Have to file partition suit. Or can also claim amount by sending legal notice to share half amount otherwise you will constrain to file FIR agaisnt brother.

It's not clear whether the house belonged to her father as her self acquired or not.

If yes then during his lifetime his money if gifted to someone else can't be claimed by his legal heirs. 

So under the circumstances your wife can't get back this money anymore. 

Your wife can ask for her legitimate share in the money now held as deposit on her deceased father's name besides a share in other properties that were left behind by hr prents who are reported to have died intestate. 

Even though she is a OCI or a US citizen, being one of the legal heirs of her deceased father, she has rights to inherit the properties left behind by her deceased father including movable assets as  one of the successors in interest to succeed to his estates and assets under Hindu succession act 1956.

Yes you can get it. If it's not given you can file suit

For our professional service you need contact us through kaanoon.

I meant same. Your wife only have claim not you.

Citizenship dose not effect inheritence right. She is entitle to 1/3rd share.

Any lawyer from India can send legal notice.

To send legal notice have to provide detail of family, property address, sale amount if have knowledge,  brothers address etc.

You need to send them a legal notice for this.

Still they refuse,  a specific performance suit shall be filed against them.

See in case the amount was not gifted to brother you may file suit before the court to seek share from the property.

See even she is not Indian citizen she has equal right in her parental property. See we can  issue legal notice to brothers in case they fail on notice to divide the amount a suit for same can be filed.

Yes, a legal demand notice can be issued to her brothers demanding her legitimate share in the money left behind by her deceased father in the capacity of one of the legal heirs/successors in interest.

You can approach an advocate either from the local or anyone from this forum too who can cause to issue a legal demand notice on her behalf, which should help her get her rightful share without much further legal hassle.

You can choose an advocate  from this forum of your choice for handling this issue properly on your behalf. 

Indian law permits inheritance in case of foreigners too. She can inherit her share in her father's property.

Your wife can send legal notice to your brother in law asking dawai to give her share in the father's property.

If they do not adhere, she can approach civil Court and file a suit for partition by way of metes and bounds.

Hindu succession Act does not bar foreigners from inheriting the property from their family members.

Documents required for sending the legal notice would be details of the property of your deceased father in law, property sale details, buyer's details, bank account details where money has been deposited, names of brother in laws, addresses etc.

On father demise 2 sons and daughter have equal share in property 

under provisions of Hindu succession act on father demise intestate sons and daughter have equal share in his property 

it is immaterial whether daughter is OCI or not 

You can opt for feature legal opinion .

lawyer can give written opinion that daughter has equal share in property 

1. Even if she is not an Indian citizen she can inherit the property through her parents.

2. Since her brothers are refusing to deliver her share to her she may file a suit for recovery of money in the competent civil court.

3. Let her serve a lawyer's notice through a lawyer to her brothers in the first place.

1. If your father-in-law died intestate (without executing a WILL ), then the property would devolve equally to all his children, since your mother-in-law has also not alive. In the instant case to 2 brothers and 1 sister (your wife).

2. If the sister (your wife) is refused her entitled equal share in both movable and immovable properties on par with her brothers', then let the sister (your wife) send a legal notice to her 2 brothers for her 1/3rd share.

3.  If there is no positive response received from her brother's, then let the sister (your wife) file a case against her brother's in the jurisdictional Civil Court for declaration, separate possession, Partition of the property by metes and bounds in the immovable property/properties.

4.  Even though your wife is an US citizen and is a holder of OCI, still she is entitled to inherit property/properties in India.

5. You can schedule a paid Phone Consultation with me through Kanoon.com regarding sending a legal notice, etc.

The sale proceeds of the property which are deposited in a bank FD would constitute the father's moveable property and form part of his estate

Since daughter is also a legal heir of a Hindu Male u/s 8 of Hindu Succession Act read with schedule 1, she gets an equal share

There is no such restriction in law that if the legal heir is a citizen of another country she ceased to be such legal heir

The brother's refusal to give the daughter's share is thus illegal

CONSIDER THIS:
1. Despite being a foreign citizen of Indian Origin, Wife shall irrefutably be the Legal Heir of her parents, despite not having Indian Citizenship after marriage. This cannot be reversed or changed, for purposes of claiming her heirirical share of Parents properties.

2. Hence it is false of Wife's brother to say that being a US citizen, she is not entitled to claim her share in parents properties.

3. The only hitch would be converting the property proceeds into Cash and taking it back to US. This too can be done with proper documentary procedures prescribed by RBI.

Dear querist, 

You wife is entitled for the share in her fathers property. since, the property in the name of her father was sold and that amount has been kept as a Fixed deposit, she will be entitled for 1/3rd share if there are three dependents in the sum even if she is a OCI citizen or not. The primordial thing for consideration is that the FD has been done from the account maintained by the deceased( her father) and that we have effective proof that the sum/money is of the property sold. For claiming your share, firstly a legal notice has to be slapped on the other children of your father and in case that will not suffice what we want, we will be filing a case for that effect. 

You can contact me for consultation and sending the legal notice on your behalf. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Dear Sir/Madam,

You can partition suit for getting amount from the deposited amount. The types of partition and procedure is as follows:

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Types of Partition Actions the Law Allows For

There are two mains types of legal partitions of land ownership (although the precise vocabulary might differ from one state to another).

First, a partition in kind, also known as an "actual partition," severs the individual interest of each joint owner. Each owner ends up controlling an individual, divided portion of the property. This is the most common type of partition, and tends to be easiest when the parties generally get along, but simply disagree about the best use of the land, and also where the land is easily divided into discrete portions. This allows for a “conscious uncoupling” where each person takes a piece of the land as his or her own, and records that division with the county clerk.

Second, a partition by sale, also known as partition by "licitation" or "succession," is accomplished by selling the entire property and dividing the proceeds among the owners. This type of partition is used when partition in kind is difficult to perform or when the parties cannot agree. If, for example, the property is a small lot with one cottage on it, or something equally hard to slice down the middle, partition by sale might be the best bet. The co-owners will sell the land, dividing up the proceeds, and each have the opportunity to go out and buying their own, separate properties.

Voluntary Partition vs. Judicial Partition

Co-owners may voluntarily agree to partition their ownership rights and divide the property. Such agreements are generally enforced unless they adversely affect the rights of another person. If all owners don't agree to the partition, one owner may file a lawsuit asking the courts to compel a partition.

Unlike voluntary partition, court-ordered partition (or compulsory partition) can be defended against based on various legal principles, such as statutes of limitations, laches (undue delay), and public policy. Similarly, the court will decide the case based on various factors like rights, titles, and the interests of the parties to the suit.

Odds of a Court Granting Partition as a Remedy

The right to partition is an "absolute right," which can be restricted only by law, written waiver, or a provision in a will. The right can be used at any time, even if it's not referenced in a contract. Partition is a remedy that's usually favored by courts, for the sake of maintaining peace between the parties. In other words, assuming that you meet the various legal requirements for partition in your state, your partition suit should be readily granted.

Consider Mediation Before Filing a Partition Action

If you are having disagreements with your co-owner about the proper way to use, divide, or sell your parcel, it is probably better to work these out between you instead of wasting time and money in court. A mediator—a third-party neutral who helps the two of you negotiate—might be able to reach a more sensible compromise than a judge could, and at a far lower cost than protracted litigation. Mediation is a particularly valuable tool if you want to remain on good terms with your co-owner, for example if he or she is a family member.

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HOW TO FILE A PARTITION SUIT IN INDIA

In this blog I shall be discussing about the process and procedure to file a partition suit in India. Who can file a partition suit? What are the documents required while filing a partition suit? Time taken to file a partition suit. Court fee required.

The following topics shall be covered

1. What is partition
2. What is the governing law related to partition?
3. Who can file a Partition Suit?
4. What are the documents required to file a partition suit?
5. Is there any Limitation Period in a partition suit?
6. What are the procedure and process to file a partition suit in India?
7. What is the time taken to file a partition suit?
8. What is the Court Fee required?

WHAT IS PARTITION?

The term ‘partition’ means to leave or to part of with a whole. Partition generally means a division. Ie. To give a part of something to someone. Or in other ways to divide a whole into part of parts, each of which would be separate having its own existence is called partition.

The term ‘partition’ in law means:

To divide or to separate any real property by way of a court order or to divide any concurrent estate into portions which are separated and each one of them represent the proportionate interest of the owners of the property.

WHAT IS THE GOVERNING LAW RELATED TO PARTITION?

The Law relating to property and partition of property is governed by the following Acts [in case of Hindu’s]

1. The Hindu Succession Act, 1956

In the case of partition in a Hindu Joint Family.

1. The Hindu Undivided Family [HUF] and The Hindu Partition Act of Property 1892

In case of partition of any property which is owned jointly by either two or more than two co-owners.

WHO CAN FILE A PARTITION SUIT?

The law of India has not laid down any statutory guideline as to who can or who cannot file a partition suit in India. Going by that logic there is no restriction imposed upon a person restricting him or her to file a partition suit.

A partition suit can be filed by anyone [such person may or may not have any contingent or vested interest in the property and still has the rights to file a partition suit].

Any or all the Co-Owners of the property in question can file a partition suit.

Even if there are several heirs and not all of them are willing to take part in such partition suit it is not required that all of the heirs need to participate. Any one of them or all of them can file a partition suit.

It is also immaterial whether you have the documents of the property for which you are seeking partition. You can obtain the certified copies of the same and a Market Value Certificate from the Sub – Registrar’s office. You shall also require the death certificate of your parents/grandparents from the concerned municipal authority.

HOWEVER, IT MUST BE NOTED THAT

A PARTITION SUIT CAN BE FILED ONLY WHEN A LEGAL NOTICE HAS BEEN SENT FOR THE SAME AND SUCH LEGAL NOTICE HAS NOT BEEN ACCEPTED TO OR REPLIED BACK WITH WHICH SHALL BE TREATED AS DISREGARDED IN THE EYES OF LAW.

IT IS ONLY UNDER SUCH CIRCUMSTANCE THAT A PARTITION SUIT IS PROCEEDED WITH.

WHAT ARE THE DOCUMENTS REQUIRED TO FILE A PARTITION SUIT?

As has already been mentioned above that for filing a partition suit there is no mandatory rule or bye law which states that one should have the documents in hand to prove or to file a partition suit. Even if a party does not have the relevant documents, he or she has the complete rights to file a partition suit and it is after filing of the suit that makes the other co – sharer liable to prove the following:

1. That such property upon which you have filed a partition suit does not belong to you.
2. That you have received your rightful part from such property and as such is not entitled to any further partition rights.

HOWEVER, TO BE ON THE SAFER SIDE

The party who files such partition suit is/are advised to keep the following documents in place before filing a partition suit. They are:

1. Certified Copies/Original Copies of all the title deeds of the property/properties which you are claiming to be as an ancestral property.
2. A proper description of the property/properties which shall include the following

1. Area
2. Location

iii.Geographical Boundaries

1. Survey Numbers
2. Any other property details

1. Valuation of the property/properties upon which you have decided to file such partition suit. [The valuation of the same must be done by the Sub – Registrar of these property/properties]

IS THERE ANY LIMITATION PERIOD IN A PARTITION SUIT?

YES, the partition of a property is barred by the law of limitation and is governed by The Limitation Act.

Accordingly, the limitation period to file a partition suit is 12 years.

Such 12 years shall begin when the adverse claim to the plaintiff or to the co-owners is notified to the world at large.

 The calculation of 12 years shall begin since then and not earlier than that.

However, it is the burden of the opposite party to prove that such partition suit is time barred and they need to mention the same in their written statement.

Simply mentioning that the suit is time barred does not make any difference until and unless it is proved by way of facts and evidence that such suit is time barred and the same is proved by way of evidence.

PROCEDURE AND PROCESS TO FILE A PARTITION SUIT IN INDIA

To file a partition suit or so to say to file any kind of suit in India, there is a process which is required to be followed. If such procedure is no followed then due to failure of not following such procedures the suit may be dismissed on the grounds that the procedure was not followed.

The steps to be followed are given below.

1. Filing of Suit/Plaint – A plaint in a normal man’s language is the complain or the allegations which are made. They are then typed and printed in the format prescribed by the court and also aligned accordingly. Such plaint needs to be filed before the limitation period comes into play or else such suit shall be time barred. All the relevant details such as

Ø Name of the Court

Ø Name of the Parties to the suit

Ø Address of the parties

Ø Nature of such complain etc

Must be mentioned in the Plaint.

1. Vakalatnama/Power of Attorney – A Vakalatnama or as is more precisely called “Power of Attorney” in the State of West Bengal is a power which is required by an Advocate from its client to represent them in their matter. A Power of Attorney is a power which entitles the Advocate to fight out your case and represent himself as your duly assigned agent. It is a must required document without which no Advocate has the permission to represent his client.

1. Payment of Court Fee – Every suit which is entertained in a court requires the full payment of proper court fee before it is submitted. Therefore, the payment of proper and accurate court fee is another major criterion. The amount of the court fee varies in different cases and differs from state to state. Henceforth, proper and accurate court fee shall be submitted and pasted wherever necessary.

After all the above process are over the court shall fix up a date for “Hearing” on such date the court shall entertain the suit and decide whether it has merits to proceed further or not. Based on the merits and discretion of the court the court shall either

Ø Allow the Suit

Ø Disallow the Suit

If in case the court finds that there are merits in the suit then it shall allow the suit to be entertained. However, if the court finds no merits then it shall dismiss such suit without calling the opposite party/respondents.

1. On the day of hearing only if the court feels that the case has merits then it shall upon its own discretion issue notice to the opposite party and ask them to appear in the court on such next date which is fixed by the court itself.

1. The plaintiff in the meanwhile is required to do the following

Ø He should file the proper amount of court fee

Ø File the proper copies of the plaint in the court [Remember for every defendant, 2 copies need to be submitted one which will go by Speed Post and one by Ordinary Post.

1. Filing of Written Statement [W.S.] – Upon the receipt of notice the Opposite Part/Respondent is required to appear in the court and in the meanwhile is also required to file his Written Statement. Such written statement is a reply to the plaint and in other words can be called as a defense of the Opposite Party. Such written statement shall be filed within 30 days of the receipt of the notice which can be further extended to a period of 90 days [only if the court permits]. Such Written Statement shall explicitly deny the false allegations in the Plaint. Any such allegation which is not explicitly denied will be deemed to be accepted.

1. Replication – A replication is a reply of the written statement submitted by the opposite party/parties. Such replication shall also explicitly deny all the allegations which are falsely put by the Opposite Party/Parties and any such allegation which is not explicitly denied shall be deemed to be admitted. Once a replication is filed, the pleadings are said to be complete.

1. Filing of other relevant documents – Once the pleadings are over both the parties are given an opportunity from the court to file all relevant and necessary documents to justify their claims.

Both the parties have an option to object documents with relevant reasons.

Every document which is rejected or not admitted is returned to the party who was filing it.

All such documents which have been filed shall be served to the other party/parties as photocopy/xerox.

1. Framing of Issues – Once the above process is complete, the court frames certain issues upon which the subject matter of the case is decided. These issues are the basic problems and the solution of those will give a clear picture to the court as to decide the matter. The court upon passing the final order shall deal with each issue separately.

1. List of Witness/Examination of Witness

1. Final Hearing – On the day fixed for the final hearing, both the sides shall argue and put forward their views. Such arguments shall be strictly related to the issues framed by the court.

After hearing the arguments of both the sides the court shall pass a “Final Order” either on that very day or else the

1. Taking the Certified Copy of the Order

WHAT IS THE TIME TO TAKEN TO END A PARTITION SUIT?

A minimum time period of 3 years is required to for passing of the decree/judgement.

It will take a minimum of 2 years’ time to get a preliminary decree and thereafter another one year is allowed by the court to get the share in the property.

This makes the minimum time period as 3 years. However, depending upon the complexity of the matter such time period can extend.

The above-mentioned time period is the minimum and holds no guarantee. I have mentioned this in my blog so that people who are reading the same get an idea of the minimum time period which may be required to end a partition suit.

WHAT IS THE COURT FEE REQUIRED?

The determination of Payable Court Fee is not standardized and differs from state to state basis.

The amount of court fee to be paid also differs upon the amount of the partition suit.

Thus, Court Fee is determined on the following basis

1. Amount of the Suit [it may vary from certain fixed court fee per 100/1,000/10,000/1,00,000 etc] OR
2. A fixed amount per certain sum [Say 50,000/- for 25 lac] OR
3. A fixed percentage per certain sum [Say 2% of total suit value]
4. Court Fee also varies from to state to state as they have various amendments for the same.

For the purpose of a partition suit one needs to pay court fee of Rs. 500/-

If there is an injunction sough for, then, additional court fee of Rs. 50/- is required to be paid.

Once the Judge has delivered the Order, every shareholder has to pay a sum of Rs.500/- as court fee contributing to their share.

Ø In a suit for partition where

• There is separate possession of a share of any joint family property or of any property owned

ü Whether jointly or in common by the plaintiff whose title to such property is

v Either Denied

v Has been excluded from the possession of the property

In such cases the court fee shall be calculated upon the Market Value of the share of the plaintiff.

Ø Whereas In a suit for partition and separate possession of joint family property or property which is:

1. if any of the Hindu parents died intestate his/her assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased,

2. your wife can claim the property by way of filing a civil suit

3. she can start the litigation by way of sending a legal notice through a lawyer with a copy to the concerned sub-registrar and other concerned property,

4. you can contact me or any other lawyer of your choice for the legal notice or any other legal purpose 

The money belongs to her father and she definitely has a share in it. File a succession suit and obtain a succession certificate from the district court. On that basis you will get your share.

Yes a legal notice must be sent so that they understand the implications of not sharing the money.

Even if she was a US citizen then too blood relationships don't go away.

in whose name this FD is? If in the name of your wife's late father, your wife has a claim in this.

She may stake a claim through a legal notice that can be sent to the brothers through a lawyer 

- As per law, now a daughter whether married or unmarried is having equal share in the Ancestral property i.e.  an equal share in such a property/assets accrues by birth itself. Before 2005, only sons had a share in such property. 

- Since,her parents died without leaving any WILL , hence being the daughter , she is also having equal share in the property & assets/fund of her deceased father. 

- Even being Overseas Citizen of India , she is entitled to get her share .

- She should issue a demand legal notice to other legal heirs, and thereby ask her share in the property  

- If , no response within 7 days of time , then she can file a suit . 

- You can consult any lawyer for sending notice, even me. 

Hi

Since the house which the father sold is his self acquired property, the daughter is entitled to claim a share of property vide section 8 of Hindu Succession Act. 

In law your wife will come under Class I legal heir for her father and she has equal rights alongside her brothers and mother.

Under Hindu succession law, daughter has every right to claim a share of her parent's self acquired property and her present domicile or citizenship does not deprive her right to claim a  share of her parent's legacy. 

Please note Hindu succession act is based on religion and not based on domicile or nationality of the legal heir. 

please ask your wife to issue legal notice to her brothers and also prepare for filing a partition suit in the place where the father last resided / where the fixed deposit is held. 

Hope this information is useful

1. In whose name your wife's brother had opened the FD  depositing the sale proceeds of her father's house?

2. If is in the name of your late father in law, then your wife shall have to file an application for succession certificate claiming 50% share of the said amount.

3. If the said FD stands in the name of your brother  in law, then your wife shall have to file a Title Suit praying for a direction upon your brother in law to part with 50% share of the said sale proceed with yp to date interest accrued thereupon. 

1. If your wife has two brothers that she is entitled to 1/3rd share of the said sale proceed which has been kept in the FD.

2. She being OCI card holder is entitled to her share of her late father's properties.

3. It is a common knowledge which your brother in laws also are aware of and they do not require any lawyer's letter to know about the law.

4. They simply want to usurp the share of their sister  considering that it will be little difficult for her to take up the matter legally since she stays abroad.

5. File the application for succession certificate or the Title Suit as the case may be as advised in my earlier post. 

1. If your wife has two brothers that she is entitled to 1/3rd share of the said sale proceed which has been kept in the FD.

2. She being OCI card holder is entitled to her share of her late father's properties.

3. It is a common knowledge which your brother in laws also are aware of and they do not require any lawyer's letter to know about the law.

4. They simply want to usurp the share of their sister  considering that it will be little difficult for her to take up the matter legally since she stays abroad.

5. File the application for succession certificate or the Title Suit as the case may be as advised in my earlier post. 

1. If your wife has two brothers that she is entitled to 1/3rd share of the said sale proceed which has been kept in the FD.

2. She being OCI card holder is entitled to her share of her late father's properties.

3. It is a common knowledge which your brother in laws also are aware of and they do not require any lawyer's letter to know about the law.

4. They simply want to usurp the share of their sister  considering that it will be little difficult for her to take up the matter legally since she stays abroad.

5. File the application for succession certificate or the Title Suit as the case may be as advised in my earlier post. 

1. Yes you can get share from the assets of your father for which you have to file suit for partition against your brother if he is not ready to give you any share. 

2. It doesn't matter that your wife is US citizen or not she is legal heir of her father and she is entitled to get equal share from assets of her parents as per Hindu succession act.

3. Yes I can send them a legal notice for getting rightful share of your wife from assets of her parents but you have to deposit fees for sending legal notice and share details of brothers and assets to be shared. 

Yes, your wife is entitled to share in the properties left by her parents who died intestate.

Hindu Succession Act applies to your case. 

Your wife alongwith her two brothers is entitled to equal share in the properties left by their parents.

It does not matter whether you are OCI or not.

Letter from lawyer is nothing but "Opinion" i.e., you can seek one from any lawyer.  

You get issued notice to her brothers for partition of the propert(s) asking for your share.