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Vinay Trivedi   30 September 2017

Son's right on deceased mother's properties and assets

 

Dear Friends

 

My mother passed away intestate in February 2014 and was a government employee for more than 30 years. My mother left following immovable and movable assets intestate.

 

  1. A sum of Gratuity, PPF/GPF, Pension, Leave encashment which is now in possession of my father
  2. A farm house plot which is in joint name with my father where my mother is the primary holder (my father has no monetary involvement at all in buying the said plot. It is solely purchased by my mother’s savings)
  3. A tenement in a prime location which is in her maiden name (though it was purchased 10 years after her marriage) and my late grandfather (mother’s father) financially helped my mother in purchasing the said tenement.

 

All the problems surfaced when my father suddenly, without intimating us remarried in November, 2016 and forcing my family (me, my wife and my 3 years old daughter) to evacuate “his” house. We’re currently residing in a 3 floor tenement which is in name of my father (but residential plot was offered by government of Gujarat under a scheme at highly commissioned rate and with a condition to wave off my mother’s claim from claiming the plot under government scheme. Only one can be eligible for the plot if both husband and wife are government employees).

 

I’ve one younger sister who is married and settled in the UK. Now my problems are…..

 

  1. My father refused to give my share from my deceased mother’s gratuity/GPF/PPF etc.
  2. My father is claiming that the farm house plot is now his since he is the joint owner.
  3. My father illegally transferred my deceased mother’s tenement into his name, without informing me or my sister. He also illegally obtained duplicate share certificate from the society. He did all these without any proper legal procedure. Now he’s claiming that the said tenement is also belongs to him and does not allow me to claim my share into the said property.

 

  1. Is my father entitled to claim his share in any of the above assets since he is remarried and earning that much that lead him luxury lifestyle.

 

  1. My sister is settled in the UK and does not intention to do any legal procedure against my father nor she’s interested in claiming her share legally. She’s also not giving POA.

 

  1. My father is misusing all these above, especially cash from gratuity/GPF etc as a tool against me and my family to harass and torture us.

 

 

What are my legal options to get my share?

 

Thank all of you for your valuable time and highly appreciate your guidance.



Learning

 9 Replies

Kumar Doab (FIN)     30 September 2017

It is believed that all of you are Hindu.

Confirm!

Kumar Doab (FIN)     30 September 2017

Originally posted by : Vinay Trivedi
 

Dear Friends

 

My mother passed away intestate in February 2014 and was a government employee for more than 30 years. My mother left following immovable and movable assets intestate.

 


A sum of Gratuity, PPF/GPF, Pension, Leave encashment which is now in possession of my father
A farm house plot which is in joint name with my father where my mother is the primary holder (my father has no monetary involvement at all in buying the said plot. It is solely purchased by my mother’s savings)
A tenement in a prime location which is in her maiden name (though it was purchased 10 years after her marriage) and my late grandfather (mother’s father) financially helped my mother in purchasing the said tenement.


 


All the problems surfaced when my father suddenly, without intimating us remarried in November, 2016 and forcing my family (me, my wife and my 3 years old daughter) to evacuate “his” house. We’re currently residing in a 3 floor tenement which is in name of my father (but residential plot was offered by government of Gujarat under a scheme at highly commissioned rate and with a condition to wave off my mother’s claim from claiming the plot under government scheme. Only one can be eligible for the plot if both husband and wife are government employees).

 

I’ve one younger sister who is married and settled in the UK. Now my problems are…..

 


My father refused to give my share from my deceased mother’s gratuity/GPF/PPF etc.
My father is claiming that the farm house plot is now his since he is the joint owner.
My father illegally transferred my deceased mother’s tenement into his name, without informing me or my sister. He also illegally obtained duplicate share certificate from the society. He did all these without any proper legal procedure. Now he’s claiming that the said tenement is also belongs to him and does not allow me to claim my share into the said property.


 


Is my father entitled to claim his share in any of the above assets since he is remarried and earning that much that lead him luxury lifestyle.


 


My sister is settled in the UK and does not intention to do any legal procedure against my father nor she’s interested in claiming her share legally. She’s also not giving POA.


 


My father is misusing all these above, especially cash from gratuity/GPF etc as a tool against me and my family to harass and torture us.


 

 

What are my legal options to get my share?

 

Thank all of you for your valuable time and highly appreciate your guidance.

 

 

You have posted that:

 

"My mother passed away intestate in February 2014 and was a government employee for more than 30 years. My mother left following immovable and movable assets intestate.

 


A sum of Gratuity, PPF/GPF, Pension, Leave encashment which is now in possession of my father
A farm house plot which is in joint name with my father where my mother is the primary holder (my father has no monetary involvement at all in buying the said plot. It is solely purchased by my mother’s savings)
A tenement in a prime location which is in her maiden name (though it was purchased 10 years after her marriage) and my late grandfather (mother’s father) financially helped my mother in purchasing the said tenement."

 

 

 

1. Who was nominated as Nomine in all the schemes mentioned by you?

Was it your father?

Carefully GO thru

Madras High Court

S.Sandhya vs The Chief General Manager on 9 April, 2012

https://indiankanoon.org/doc/60917043/

 

      

2. The father is title holder.

Is share of each of Mother, Father mentioned in sale deed?

If No, both hold title upto 50%.

 

The 50% share of your Mother is open to succession.

Succession has opened on date of death of your Mother.

 

Rest your contention about money of mother being paid to buy 50% share held by your father is contentious issue.

Looking into your relations (probably strained as guessed from your post) your father may not agree at all.

 

3. Your mother is sole title holder.

The 100% share of your Mother is open to succession.

Succession has opened on date of death of your Mother.

 

It is felt that probably your father was nominated in the said property in said society and society has transferred the share to Nominee.

 

Society may opine that legal heirs can claim from Nominee.

You may obtain all docs from society and examine.

Relate with society bye laws and Model Bye laws of the state and Act and check if the action of society was violative of any bye laws and Act. If yes, you can implead the society.

 

 

 

Rest your contention about money of maternal grandfather being paid to buy 100% title held by your mother is contentious issue.

You are aiming to agitate that under the said circumstances the heirs of Mother have interest in the plot and building raised on it.

You are aiming to agitate that the property is acquired from your mother’s Parents side and hence your father is not a legal heir……………. and sons and daughter of your deceased mother are present and hence your father should not get any share from it.

It is another contentious issue. 

 

Kumar Doab (FIN)     30 September 2017

Originally posted by : Vinay Trivedi
 

Dear Friends

 

My mother passed away intestate in February 2014 and was a government employee for more than 30 years. My mother left following immovable and movable assets intestate.

 


A sum of Gratuity, PPF/GPF, Pension, Leave encashment which is now in possession of my father
A farm house plot which is in joint name with my father where my mother is the primary holder (my father has no monetary involvement at all in buying the said plot. It is solely purchased by my mother’s savings)
A tenement in a prime location which is in her maiden name (though it was purchased 10 years after her marriage) and my late grandfather (mother’s father) financially helped my mother in purchasing the said tenement.


 

All the problems surfaced when my father suddenly, without intimating us remarried in November, 2016 and forcing my family (me, my wife and my 3 years old daughter) to evacuate “his” house. We’re currently residing in a 3 floor tenement which is in name of my father (but residential plot was offered by government of Gujarat under a scheme at highly commissioned rate and with a condition to wave off my mother’s claim from claiming the plot under government scheme. Only one can be eligible for the plot if both husband and wife are government employees).

 

I’ve one younger sister who is married and settled in the UK. Now my problems are…..

 



My father refused to give my share from my deceased mother’s gratuity/GPF/PPF etc.
My father is claiming that the farm house plot is now his since he is the joint owner.
My father illegally transferred my deceased mother’s tenement into his name, without informing me or my sister. He also illegally obtained duplicate share certificate from the society. He did all these without any proper legal procedure. Now he’s claiming that the said tenement is also belongs to him and does not allow me to claim my share into the said property.


 


Is my father entitled to claim his share in any of the above assets since he is remarried and earning that much that lead him luxury lifestyle.


 


My sister is settled in the UK and does not intention to do any legal procedure against my father nor she’s interested in claiming her share legally. She’s also not giving POA.


 


My father is misusing all these above, especially cash from gratuity/GPF etc as a tool against me and my family to harass and torture us.


 

 

What are my legal options to get my share?

 

Thank all of you for your valuable time and highly appreciate your guidance.

 

You have posted that:

 

"All the problems surfaced when my father suddenly, without intimating us remarried in November, 2016 and forcing my family (me, my wife and my 3 years old daughter) to evacuate “his” house. We’re currently residing in a 3 floor tenement which is in name of my father (but residential plot was offered by government of Gujarat under a scheme at highly commissioned rate and with a condition to wave off my mother’s claim from claiming the plot under government scheme. Only one can be eligible for the plot if both husband and wife are government employees).

 

I’ve one younger sister who is married and settled in the UK. Now my problems are….."

 

 

 

Your father can remarry legally after death of your mother.

He is master of his personal life like anyone else e.g; you.

Maybe he is irked by opposition to his decision to remarry and there is ego clash in family and it has become bone of contention of all issues.

 

He does not need any consent or so from anyone.

You are adult, married.

Father can evict son from property held by him.

Your sister also seems to be adult and probably married. It is her choice to agitate or not and sign POA or not by her sweet will. As your post she is unwilling to be a party in tussle and intervene. 

 

SHREY DAMBHARE   30 September 2017

You have share in your mother's property equally with your father and sister. If your sister is not intrested in property then ask her for execution of relinquishment deed. Second marriage of your father has no effect upon his rights in property. You should file Civil Suit for partation and for recovery of amount from father or at least take stay if amount is deposited in Bank. Consult local Civil lawyer.   

Kumar Doab (FIN)     30 September 2017

Originally posted by : Vinay Trivedi
 

Dear Friends

 

My mother passed away intestate in February 2014 and was a government employee for more than 30 years. My mother left following immovable and movable assets intestate.

 


A sum of Gratuity, PPF/GPF, Pension, Leave encashment which is now in possession of my father
A farm house plot which is in joint name with my father where my mother is the primary holder (my father has no monetary involvement at all in buying the said plot. It is solely purchased by my mother’s savings)
A tenement in a prime location which is in her maiden name (though it was purchased 10 years after her marriage) and my late grandfather (mother’s father) financially helped my mother in purchasing the said tenement.


 

All the problems surfaced when my father suddenly, without intimating us remarried in November, 2016 and forcing my family (me, my wife and my 3 years old daughter) to evacuate “his” house. We’re currently residing in a 3 floor tenement which is in name of my father (but residential plot was offered by government of Gujarat under a scheme at highly commissioned rate and with a condition to wave off my mother’s claim from claiming the plot under government scheme. Only one can be eligible for the plot if both husband and wife are government employees).

 

I’ve one younger sister who is married and settled in the UK. Now my problems are…..

 


My father refused to give my share from my deceased mother’s gratuity/GPF/PPF etc.
My father is claiming that the farm house plot is now his since he is the joint owner.
My father illegally transferred my deceased mother’s tenement into his name, without informing me or my sister. He also illegally obtained duplicate share certificate from the society. He did all these without any proper legal procedure. Now he’s claiming that the said tenement is also belongs to him and does not allow me to claim my share into the said property.


 


Is my father entitled to claim his share in any of the above assets since he is remarried and earning that much that lead him luxury lifestyle.


 


My sister is settled in the UK and does not intention to do any legal procedure against my father nor she’s interested in claiming her share legally. She’s also not giving POA.


 


My father is misusing all these above, especially cash from gratuity/GPF etc as a tool against me and my family to harass and torture us.


 

 

What are my legal options to get my share?

 

Thank all of you for your valuable time and highly appreciate your guidance.

 

You have posted that:

 

"
My father refused to give my share from my deceased mother’s gratuity/GPF/PPF etc.
My father is claiming that the farm house plot is now his since he is the joint owner.
My father illegally transferred my deceased mother’s tenement into his name, without informing me or my sister. He also illegally obtained duplicate share certificate from the society. He did all these without any proper legal procedure. Now he’s claiming that the said tenement is also belongs to him and does not allow me to claim my share into the said property.


 


Is my father entitled to claim his share in any of the above assets since he is remarried and earning that much that lead him luxury lifestyle.


 


My sister is settled in the UK and does not intention to do any legal procedure against my father nor she’s interested in claiming her share legally. She’s also not giving POA.


 


My father is misusing all these above, especially cash from gratuity/GPF etc as a tool against me and my family to harass and torture us.


 

 

What are my legal options to get my share?

 

Thank all of you for your valuable time and highly appreciate your guidance."

 

 

 

1. Refer to 1 in previous post.

2. Refer to 2 in previous post.

3. Refer to 3 in previous post.

 

You have equal share from estate/property left by your mother.

Sons, daughters, wife has NO forced share in Father’s self acquired estate/property.

 

You and/or your sister do not need anyone to allow claiming any share. If illegal, unfair, fraudulent means have been applied, then you can agitate for such an act.

 

It is entirely your call, wish, decision to claim and get it on amicable terms by your own skills or with help of elders of family, well wishers, community leaders, etc shrude negotiators  that can remain amiable/gentle and successfully arbitrate/conciliate/mediate………………….. and strike a mutually acceptable deal…………………..Local counsels can also try for such settlement…………..

 

Or if all efforts have failed and facts and merits support you have the option to approach court of law and lean on the skills of your counsels………..

 

The litigation may bring the warring parties on negotiation table.

Or now also, before litigation, explore if all property can be partitioned on amicable terms and family settlement deed can be signed and registered.

It is felt that your father knows that litigation may initiate and may be protracted, lengthy, and expensive.

 

On all contentious issues: Discuss in person with a very able senior LOCAL counsel/law firm of unshakable repute and integrity specializing in civil matters having successful record in such matters.

Kumar Doab (FIN)     30 September 2017

 

Your father can dispose all of his self acquired/earned estate/property in his life time by a valid/registered deed in his life time in anyone’s favor, including a stranger……….  

 

Sons, daughters, wife has NO forced share in his self acquired estate/property.

 

You have posted that your father has remarried. So it can taken that the marriage is legally valid marriage.

 

Since he has remarried after death of his 1st wife his 2nd wife is his ClassI legal heir and can succeed to get equal share left indisposed by your father in his life time by a valid deed.

 

Your father’s children born from his 2nd wife shall also be his ClassI legal heir and can succeed to get equal share left indisposed by your father in his life time by a valid deed.

Siddharth Srivastava (Advocate)     30 September 2017

The claim of your father is illegal and baseless. You and your sister along with your father are class-I legal heirs of your father. As per hindu law, the property of a female Hindu dying intestate shall devolve:

  • firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;
  • secondly upon the heirs of the husband;
  • thirdly, upon the mother and father;
  • fourthly, upon the heirs of the father;

So you can claim partition from the assets and properties left by your mother. Your father is entitled to his share only and the share of your mother is liable to be partitioned. If your sister relingush her share in your favour then the ratio of your share shall increase accordingly. Consult a lawyer with details and proceed aginst your father claiming partition. 

Kumar Doab (FIN)     30 September 2017

Same Query;

https://www.lawyersclubindia.com/experts/Son-s-right-on-deceased-mother-s-properties-and-assets-657306.asp

Kumar Doab (FIN)     30 September 2017

Nominee of society flat even if is by valid nomination and even if society has transferred share in nominee's name............................is not owner.

Legal heirs can claim share from Nominee.

 


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