Right of married daughter in absence of father's will
TARUN KOHLI
(Querist) 06 August 2013
This query is : Resolved
MY FRIEND IS HINDU BY RELIGION.HIS FATHER-IN-LAW WHO WAS IN HIS OWN BUSINESS EXPIRED IN APR'13. 5 YEARS BACK HIS MOTHER-IN-LAW ALSO HAD EXPIRED. NOW HIS WIFE & HER YOUNGER SISTER WERE TOLD BY THEIR ELDER BROTHER THAT NO WILL WAS CREATED BY THEM. KINDLY ADVICE WHAT ARE RIGHTS OF MARRIED DAUGHTERS IN ABOVE CASE & HOW HE CAN PREVENT THEIR BROTHER FROM MISUSING THEIR PARENTS FUNDS/ASSETS.WE SUSPECT HE IS HIDING SOMETHING, PROBABLY INCLUDING A WILL & IS THERE ANY WAY HE CAN PREVENT HIM FROM MISUSING THIS SITUATION TO HIS FAVOUR-INCLUDING OPERATION OF THEIR PARENTS LOCKERS, BANK ACCOUNTS, JEWELLERY, PROPERTY ETC.
KINDLY ADVICE.
THANKS IN ADVANCE.
Nadeem Qureshi
(Expert) 07 August 2013
the girl has the same right as boy.
file a suit for partition before civil court and get injunction
TARUN KOHLI
(Querist) 07 August 2013
THANKS FOR YOUR OPINION.IN ABSENCE OF A WILL WHAT ARE WAYS TO PROTECT RIGHTS OF MARRIED DAUGHTER'S RIGHTS?
Rajendra K Goyal
(Expert) 07 August 2013
A daughter has got equal rights by law, no need of will for it.
TARUN KOHLI
(Querist) 07 August 2013
THANKS.I HEARD THERE IS SOME DOCS.CALLED "SUCCESSION CERTIFICATE", WHICH IS REQUIRED FOR DIVISION OF ASSETS AMONG LEGAL HEIRS(SON-DAUGHTER ETC.)? KINDLY ADVICE IF ANYONE KNOWS IT'S PURPOSE & HOW TO GET IT, IN ABSENCE OF WILL.
Kumar Doab
(Expert) 07 August 2013
As per Hindu Succession Law the daughters are Class I legal heir for division of wealth of Late father……………..
And also late Mother for the wealth which late mother has acquired from her Father or Mother and from her Husband.
Approaches a lawyer experienced in handling such matters at your location and proceed under expert advice.
It is a No Frill Procedure..................and a lawyer guidance shall be very helpful, to thwart the attempts of the brother whom you feel is not sincere.............
A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name.
It establishes the authenticity of the heirs and give them the authority to inherit debts, securities and other assets that the deceased may have left behind.
The beneficiary has to approach the district or the high court within whose jurisdiction, i.e legal territory, the assets fall(where the properties of your deceased relative are situated ) and file a petition for a succession certificate. Both these courts have concurrent jurisdiction, i.e they are both at par. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court]
The petition should mention the relation of the petitioner with the deceased, details of other surviving legal heirs and beneficiaries, the time, date and place of death and also if he died intestate. You will also have to attach the death certificate and other documents that the court may require.
TARUN KOHLI
(Querist) 07 August 2013
Dear Mr.Kumar,
Thanks a lot for your detailed guidance.Before going to court, is there any way we can prevent brother from misusing funds in bank account/locker/jewellery etc.
Someone told me though legal option exist, it us better to explore breakthrough through face to face talk(maybe by involving some common close relative). what is your view for this approach.
also if we proceed with court proceedings, normally how much time it may take & what would be approx.cost involved in this exercise?Any opinion for these aspects will be appreciated.
further since no WILL has been found so far, if brother tries to make fake WILL, how we can challenge it? is there any procedure in courts for doing this?
Thanks in advance.
Kumar Doab
(Expert) 07 August 2013
Learned experts have given valuable advice. Kindly follow it.
RBI has mandated rules for the Deceased Depositor account, which all banks have to follow.
RBI is central bank and its guidelines are statutory and mandatory.
Master Circular on Customer Service:
20: Settlement of claims in respect of deceased depositors
21: Access to the safe deposit lockers / safe custody articles return of
Safe custody articles to Survivor(s) / Nominee(s) / Legal heir(s)
These rules are to kept in bank, bank’s web site and are also available at website of regulator’s, watchdogs e.g. RBI, BCSBI, IBA…………………..
Anyone in the bank including the BM of the bank can not violate the rules.
Even for a big bank like SBI the minimum threshold limit has been set at Rs.10000/ only.Even for such amount all legal heir have to affix signatures on declaration (on stamp paper) indemnifying the bank.
Even if you involve elders/common relative……………………………………BM can not bypass rules.
Inform the BM about claim of married daughters in writing under acknowledgment.
Include everything including life insurance policies of the deceased while applying for succession certificate.
It is reiterated that lawyer’s guidance shall be very helpful; to thwart the attempts of the brother whom you feel is not sincere................................................thus even if you want to hold parleys, let it be under expert guidance of your lawyer and let it be drafted and structured by your lawyer.
You are aware that forging a document is an offence………………………..
It shall be worth it to proceed under the expert advice of your lawyer.
You may proceed as deemed fit at your end.
TARUN KOHLI
(Querist) 07 August 2013
DEAR MR.KUMAR,THANKS FOR YOUR GUIDANCE.CAN YOU SUGGEST SOME GOOD LAWYER CANDIDATES, PREFERABLY AROUND C.R.PARK, NEW DELHI AREA FOR SUCH MATTERS?
Kumar Doab
(Expert) 07 August 2013
If you wish to avail the services of LCI lawyer you can conduct search at:
http://www.lawyersclubindia.com/lawyers_search/#.UgIGItKAqWM
The related lawyers list being flashed by LCI on the bottom of this web page.
You can access Pro Lawyers.
Your near and dear ones can also guide you to a competent and experienced lawyer.
The experts and seniors can also guide you to a lawyer.
TARUN KOHLI
(Querist) 07 August 2013
dear mr.kumar
thanks for your advice.
R.K Nanda
(Expert) 07 August 2013
nothing to add.
Raj Kumar Makkad
(Expert) 08 August 2013
Experts have already provided you proper reply leaving no room to enter.
