Daughter`s share in died working mothe`r`s property, no wil
ESWARALAXMI
(Querist) 21 December 2017
This query is : Resolved
hi..
This is Eswara Laxmi from kakianda, Andhra Pradesh and a married hindu. My mother died in 1986 as a working woman with state government employee and she have a own flat on her name at the time of death. Still that flat was on her name in site documents. But my father who got remarried a woman and have a girl chaild. Am I share holder of mother`s own property as my fater built a house in that same flat which was on my died mother`s name and still he enjoying pension benefits, insurance and family pension till date. He neglected me and that's way I want to claim my mother`s property. I want legal hire certificate also because I did not have legal hire certificate as I am minor when my father taken legal hire certificate in 1986 he only taken legal heir certificate.
So what is process I have to follow to claim my mother`s property
Vijay Raj Mahajan
(Expert) 21 December 2017
No doubt you are one of the heir of your mother under the Hindu Succession Act,1956 however by committing fraud and misrepresentation your father obtained heirship certificate in his sole name and avoided mentioning your name as daughter as heir of deceased mother. You have to file civil suit against your father to seek partition of the property that was in your mother's name and seek your 50 % share in the same.
The issue of time limit of 12 years for filling suit for partition will be there but as you were minor in 1986 couldn't do that at that time.
The year you became major will be taken as cut out year for calculation of time limit of seeking your share by partition of property.
ESWARALAXMI
(Querist) 21 December 2017
thank you sir and I want to apply for legal hire certificate but my father will not come and sign so how I have to apply for legal hire
Kumar Doab
(Expert) 21 December 2017
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.
You can determine the share of each legal heir and thus yours also, accordingly.
Kumar Doab
(Expert) 21 December 2017
The said legal heir certificate contains your name or not?
If NO, then you may approach the authority that is usually O/o Tehsildar that has issued the said certificate and lodge complaint under proper acknowledgment.
In case the authority under whose jurisdiction property falls has transferred the ownership in the name of other legal heirs excluding you, then you can lodge complaint under proper acknowledgment and ask to supply you the copy of documents submitted to authority.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; ‘Inestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
If your father has remarried (by valid marriage) after death of your mother the 2nd marriage should be valid.
If he was nominated in your mother’s service record then her employer can pay to nominee.
In case any benefit in which you have a share you can claim from father. In case of genuine grievances you have the option to approach the employer.
Likewise as a legal heir you can claim your share from estate of deceased mother.
He has to maintain you till marriage and pay for marriage expenses as per his means and resources.
Kumar Doab
(Expert) 21 December 2017
The legal heir certificate is issued by the authority say; O/o Tehsildar subsequent to inquiry by officials of IT's office.
The O/o Authority under whose jurisdiction property falls, is to act on fraudulent act on a document that is incorrect, invalid.
Dr J C Vashista
(Expert) 26 December 2017
Well advised by experts, I agree.
Approach your area Tehsildar for LR certificate and file a suit for partition in Civil Court.
You should also inform the department (where your mother served and father getting pension) regarding remarriage of your father to take appropriate action against him and recover the amount withdrawn as "family pension".
Limitation has no affect in partition case.
