• Claiming assets of late father from other legal heirs

Hi,

My wife's father expired in Jun 2021. He didn't write any will. She is one of the three legal heirs along with her mother and brother. Her mother and brother are hesitating to give her any share of assets from her father's inheritance. 

1) If she is forced to go to court for claiming her share - would she have to file a suit of recovery against her mother and brother?

2) Till when can she file such a suit - someone told us that the limitation period is 3 years from date of death of her father for filing the suit. Is that correct?

3) There are certain bank accounts of her father for which she isn't aware of the account numbers and the amount in them. If she reaches out to these banks and submits the death certificate/aadhaar of her father - would the banks tell her these details? So that she can use this information for filing the civil suit. If not then how can this information be found out?
Asked 7 months ago in Civil Law

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10 Answers

your wife should demand her share and if they are refusing then file a partition suit for immovable property. for cash/shares/FD etc. find out from the bank who was the nominee and then file a suit for recovery.

banks only give details to the nominee. so she has to find out herself or file a recovery suit. she has to find out through her own sources/or file for interrogatories in the civil suit.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

  1. She need to file a suit for partition and separate possession. Issue lawyer’s notice to other legal heirs seeking partition and separate possession of property and after that file a suit for partition of the property. She will get her share in the property.
  2. There is no limitation for seeking partition of ancestral property.
  3. Bank are bound to furnish all information to legal heirs of deceased customer. Issue lawyer's notice seeking information and warning against any withdrawal till the decision of Court.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

Your wife has to file suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property by other legal heirs 

 

3) if other legal heirs are not furnishing details of assets of deceased father she has to issue legal notice to them to furnish said details 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

1.  Your wife can send a legal notice to her brother and mother asking for her legitimate share. If there's no positive response to the legal notice, then your wife can file a suit against her mother and brother in the jurisdictional Court for partition, declaration and separate possession of the property by metes and bounds.

2.  The limitation period of 3 years will not be applicable in the instant case.

3.  Let your wife approach the Head /Regional Office of the probable Banks in which your deceased father-in-law had account/deposits and submit her objection, in case the proceeds in your deceased father-in-law 's have not been disbursed to the nominee named by him.

Shashidhar S. Sastry
Advocate, Bangalore
4356 Answers
258 Consultations

5.0 on 5.0

- As per law, after the demise of her father intestate , his property would be devolved upon all his legal heirs equally i.e. she, her mother and brother will 1/3rd share in the property.

1. If they refused to give her share , then she can send a legal notice to them to partition the property equally , and if refused then your wife should file a Partition suit before the court. 

2 She can file the suit within the period of 12 years.

3. Yes she can submit the same with an application before the bank for knowing the details of accounts , but bank will not release the amount without getting NOC from all the legal heirs , if she is not a nominee in the account. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

1. She can file a suit for partition and separate possession of her legitimate share in the property. 

2. She can file it anytime,  there's no time limit for filing partition suit 

3. She can issue legal notice to bank to restrain them from disbursing the amount without allocating her share. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

1) Your wife has to file a suit against her mother and brother for declaration of her title as a legal heir to the intestate estate of her deceased father at the proper court, through a lawyer.

2) Yes.

3) Yes, if she produces the death certificate and the legal heirs certificate, she may get the necessary details.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

1 yes

2. Yes 3 years from date of knowledge

3. She can only if she receives it' through legitimate source

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Dear Client, 

After the 2005 Amendment and the judicial decisions, it has been clarified that a married daughter has a right over the property of her father, which is equal to that of a son. She can call out by filing a lawsuit for partition.

There is no time limit as long as the property is undivided. And she can get the bank amount information from the bank with the required documents.

Thank You

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

Since your wife's father died intestate, that is, without making a will, all the legal heirs, including your wife, her brother and her mother have equal right over her father's assets. But if she is forced to go to the Court then : 

1. Your sister would have to obtain a Succession Certificate and file a suit of partition in the Court. 

2. The time limit to file a partition suit is 12 years as per Article 65 of the Limitation Act.

3. At the time of filing the partition suit, your sister can seek mandatory injunction on not just the assets known to her, but also request for restraining her bother and mother from withdrawing any amount from any unknown bank accounts and/or share one third of the proceeds from any other assets presently unknown to her. Once the respondents i.e. your wife's brother and mother join the proceedings, the Court would ask them to share details of all assets known to them.

Indu Verma
Advocate, Chandigarh
60 Answers
8 Consultations

5.0 on 5.0

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