• Father's property

Hi,

My father in law die suddenly .he is having affair with some women from past many years and also having two kids from them but both of them are undeclared. he was an government employee and In all goverment related things like- in his office , pension, rash-an,cghs card my mother name was there but we dont have any proof of the same as he is living with second family and all the documents are with them only and now they are not ready to give us back. we don't have any details of his saving ,properties and accounts.In fact death certificate of my father is also not with us . we have only rash ion card copy on the name of any evidence that my husband is son of his father. now second family might tried to capture all the things.please advice on below questions:-

1. My husband is having right on his property or not?
2. Since we don't have any document how to go about it?
3. How to get copy of death certificate ?
4. Any way to track all his investment and saving, insurance ?
5. how to make other family out of this matter ?
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
1. If your father-in-law died without making a will then his widow and all children have succeeded equally to all his properties. So your husband has a share in the properties of his deceased father, which he can cull out by filing for partition in the court.

2. You can obtain a certified copy of all the title deed of the properties owned by your father-in-law.

3. You can file a RTI application to the bank to seek information on the savings and policies of your deceased father-in-law.

4. The copy of death certificate has to be obtained from the Registrar of Births and Deaths.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. Your husband and mother in law have every right of share in the pensionary benefits and other properties.
2. Make a representation in his office for disbursal of his PF and other dues.
3. Thereafter take possession of his properties.
4. The second wife has no right of share in his properties though his illegitimate children have share in his ancestral properties.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
1) on your father in law demise your mother in law  your husband  children from his mistress would be legal heirs 

2) contact a detective agency to gather evidence of father in law properties 

3) you can also approach central govt office wherein he worked for assistance in this regard 

4) death certificate must have been issued by municipal corporation . Check  with local ward office where he resided whether death certificate has been issued 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hi, second wife and her sons and daughters have right over the properties of his father only after the death of the father.

2. Your husband has also right over the properties and savings left behind by him but the problem in your case is you don't know the details of the Bank Account and other related documents and if you able to find it out then you have right to claim your share in the Bank Accounts and other properties which he is left behind.

3. It is better lodge a police complaint for lost of documents.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
If you have only "NO" as the answer for all the details, then God alone can save you. First of all ask your mother to write to his department intimating his death and request that all his terminal benefits and family pension be settled to her.  On the basis of his salary deductions towards Insurance policies, you may may contact the Insurance company and write to them to settle the insurance death claim amount to her as she is the wife of the deceased and in the same letter let she ask the company to provide details of any more insurance policies lying on his name to be settled to her. 
This is how you to penetrate into the information circle. From the salary disbursement details you can get the bank account details too, if the salary was disbursed through bank (most of the government organisations disburse the salary through bank only).
Hope with the above clues, you will be able to access and gather complete information about your father.  As far as the property details, first of all gather the information of the properties lying at various places, visit the local municipal office or village revenue office, gather the details of the properties lying on his name, then visit the registrar's office, obtain encumbrance certificates on all the properties, find out the encumbrance transaction details,, consult a local lawyer and discuss about the properties which can be retrieved  in the capacity of legal heirs to the deceased.
For death certificate you may visit the birth and death registrar's office and obtain the death certificate.First initiate some work, you will find the route automatically after that to all the queries. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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No there is no such centralized department. You can file a RTI to the respective banks to seek information on his bank accounts.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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