Help required - equal distribution of property
I have two MIS in Post office Jointly with my mother & sister. Now in coming month these two are going to mature but my mother not interested to continue the MIS jointly with me & my sister . She planning to do reinvest this money with her other relative, I also want to inform you that she is my step mother (he is my father second wife as my mother was died 20 years ago ) and my father also died 10 years ago & the said money is my father's retirement money. sir i want to know how i claim my demand as this is my father's property. I also agreed with the equal distribution of the property but she not interested for the same & she captured the MIS pass book with her .
Please suggest me on the same .
Asked 8 months ago in Property Law from Durgapur, West Bengal
obtain succession certificate from court regarding money lying in MIS in name of the legal heirs
2) also issue notice not to disburse money to your mother without consent of other legal heirs
1. Your step mother is a legal heir to your deceased father. Since the MIS is joint she is at liberty to reinvest her share of the matured amount.
2. To divide the property equally you are free to file a suit for partition in the civil court.
You may inform the post master in writing about the joint account and instruct him to not to settle the maturity amount in her name alone. Any distribution to be made shall be made equally to both of you. If need be you may issue a legal notice to the post master about this with the help of a local lawyer.
For other immovable properties you may file a partition suit and seek your share in it and separate possession.