obtain letters of administration from bombay high court in name of all legal heirs
2) daughter has one fifth share in properties
3) file suit for partition for claiming share in movable and immovable properties
Hindu Succession Act for Married daughters
My Father in law expired leaving behind the following legal heirs : a) Widower Wife b) 2 Sons (married) b) 2 daughters (married) He has left behind the following properties and investments : 01) Shares with 2 demat accounts with joint name with one account in his name, his wife and nominees as younger son and other demat account with first name as his wife, himself and elder son. 02) Various Fixed deposit in his first name with joint names as his wife and younger son. 03) Mutual funds with his first name with joint holders as his wife and younger son. 04) House in which the rent receipts are transferred in the name of elder son and younger son. Now the younger son does not wish to part with any of the above which are in his name but the elder brother is willing to part with his share equally amongst all the 5 legal heirs. There is nowhere mention of names of 2 married daughters. Please advice how the daughters can claim their share in the above.
Asked 8 years ago in Family Law
Religion: Hindu
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7 Answers
Hi
If the siblings are willing ,can go ahead with a mutually agreed partition or any objection the daughters can approach a court with a partition suit.
In this case the f ather died intestate without leaving any testamentary documents regarding the division ,so equal division is the provision .
The share and portion of each one's can be decided Mutually.
In case the daughters wish to file a partition suit then pls advice in which court should such partition suit be filed in Mumbai in case the total value of moveable and immovable assets is around 2 crores and what would be the court fees to be paid.
Asked 8 years ago
court fees would be maximum Rs 3 lakhs
2) court fees would depend upon value of daughters share in property
3)daughter share value is Rs 40 lakhs and court fees has to be paid on sad amount
4) it would have to be filed in city civil court as HC has jurisdiction where value is over one crore
1. A nominee is nothing more than a trustee of all legal heirs, whose duty is to distribute the assets in accordance with the law among the heirs. The share of daughters is at par with that of sons, and who are free to file a suit for partition to cull out their respective share.
2. The partition suit is to be filed in the court having pecuniary and territorial jurisdiction.
Dear Querist
if your father in law had expired after 2005 then the daughters have equal right in the properties of father died intestate.
Daughters may file a civil suit for partition against them before civil court along with an application under Order 39 Rule 1 & 2 of CPC for Injunction.
the court fee will be submitted before the court on total value of the property/ 1/5 share of the property(if a daughter file the suit) if both daughters file the suit then double.
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Your father in law has made arrangements in the deposits as well in the properties to the extent that they are being utilised only by his sons and his wife and he intentionally ignore the daughter.
As far as the movable fixed deposits and shares and mutual funds, the others are joint owners hence their share cannot be sought as a right in partition, but yor father in law's own share in the said assets shall be dividable and can be allotted to all his legal heirs.
Your wife can file a partition suit seeking partition and allotment of the legitimate share out of father 's properties both movable and immovable.
Let them give a reply to court proving the same to deny you on the basis of facts and law, you can then decide about further course.
In case the daughters wish to file a partition suit then pls advice in which court should such partition suit be filed in Mumbai in case the total value of moveable and immovable assets is around 2 crores and what would be the court fees to be paid.
The partition suit can be filed within the jurisdiction where the property situates
partition suit can be filed in one place itself for all the properties.