My mother's share in her late father's property
Rajat
(Querist) 24 October 2015
This query is : Resolved
Sir,my mother's father dead in April 2009.The father of my mother had many property in Mumbai,Maharashtra.My mother is married in Amritsar.They are two brothers and three sisters included my mother.All the property and investments are named on her Late father.The brothers wants to take power of Property and investments and told to SIGN on power of attorney in court but they want to gave us very small amount and no any other share.Sir but all the sisters want separately share but the sisters have no UNITY.Sir what we have to do to take 5th share in all proprty and investments ?
SAINATH DEVALLA
(Expert) 24 October 2015
UR mother shall have an equal share as that of others according to section 6 of Hindu Succession Act.All the 5 have to share the property equally.
Anirudh
(Expert) 24 October 2015
Your mother has to file a suit for partition in the appropriate Court in Mumbai.
Rajat
(Querist) 24 October 2015
Sir,can we file seprately without other two sisters.
Anirudh
(Expert) 24 October 2015
Yes. Apart from her brothers, your mother has to make the other sisters as defendants.
Rajat
(Querist) 24 October 2015
Sir but the respected courts take long time in that cases and we are live in Amritsar and the rules said to file in Mumbai.Sir,what we have to do ?
Anirudh
(Expert) 24 October 2015
You have to follow the law. Law will not follow you.
Rajat
(Querist) 24 October 2015
Sir,May i write in Hindi ?
Kumar Doab
(Expert) 24 October 2015
It is believed that deceased father was Hindu.
The father has died in 2009.............and succession has opened on date of death.
If the deceased father has not left any valid WILL, then all ClassI legal heirs (wife,sons,daughters) have equal share.
Don't sign any document.
You don't need anyone's consent.
If amicable family settlement deed (registered is not possible) court shall partition.
The investment in PO,Bank, life insurance etc may have valid nomination (say in name of some son) and if valid nomination exists the Bank etc shall pay the whole amount to nominee and discharge its responsibility.
Although nominee is bound to distribute to all Legal heirs, Money disappears very fast.later you shall be roaming in courts to get share from cash.
Except in case of equity shares where nominee shall be owner.
If you know details of investments write your objections to one and all e.g. bank,PO etc.
Consult an able lawyer ASAP.
Obtain injunction from court.
Rajat
(Querist) 24 October 2015
Sir,there is no will.The brothers write a fraudelant will which has not any judicial stamp,only a ordinary paper.He tell us also the will is written by younger brother and i have a copy of will which is written by younger brother.No nomination added in any property and i hae also a copy of power of attorney which tells about properties and shares in Reliance.Nothing is discussed about other bank investments in power of attorney.
Rajat
(Querist) 24 October 2015
Sir he not inform the daughters about his father's death.The younger son was gone to Amritsar to inform the daughters after two months
Rajat
(Querist) 24 October 2015
Sir i am in Bhayander,Distt.Thane.What we have to do means first step to file for partition in court for fifth share in late father's property.
P. Venu
(Expert) 25 October 2015
Bhayandar is just a suburb of Mumbai. As you are there, you can get a POA from your mother and file the partition suit. Court fee involved is minimal if the property is shown to be joint possession.
Where are the properties situated - in Bhayandar or in the City of Mumbai or its suburbs?
Kumar Doab
(Expert) 25 October 2015
How to proceed for partition of property is discussed by experts.
There is a WILL that has come up.It is question of law now whether the WILL is valid or not.
If the WILL is doubtful it may be come up to contest during suit filed by anyone.
If the WILL is in Mumbai then it has to be probated by court of pecuniary jurisdiction.
If the daughter (your mother) is unable to foot the expenses she may seek help for free legal aid from o/o Dist. Legal Authority that is usually in court complex.
You may find about it on your own.
You have posted about shares in Reliance. It has already been posted that 'Except in case of equity shares where nominee shall be owner.' Therefore if valid nomination is registered in shares then nominee shall own. If there is no nomination in shares of Reliance then ClassI legal heirs can succeed to get equal share.
Consult your able lawyer, specializing in family/property/revenue/civil matters.
SAINATH DEVALLA
(Expert) 25 October 2015
I presume U have received enough input from the legal experts,now better rely on a good advocate well versed in property matters.
K.S.Srinivas
(Expert) 25 October 2015
I agree with the advice of Sri Anirudh.
Rajat
(Querist) 26 October 2015
Sir,we are in Bombay and we are going to Amritsar on 28/10/2015.Sir advice me any step to file for partition in Respected court before we go.
Rajat
(Querist) 27 October 2015
Respected Sir,
A person told us to gave power to him for file partition in Court and legally fight for us because the property is in Bombay and we live in Amritsar.He said to send details of property and bank accounts to write in the document of power and sign on the documents of all daughters.He also said to read the documents from any lawyer.Sir,he want to deal with us and want to take 40% in partion amount and said Because he is ready to pay all the fees of advocate and any other fees or costs.Sir,advice me what we have to do ?
Anirudh
(Expert) 27 October 2015
If you enter into any such agreement with the person, then you will be a perfect example of the saying Aazman se tapka, khajur pe atka.
Rajendra K Goyal
(Expert) 27 October 2015
You can entrust a lawyer in Mumbai and continuously follow the case from Amritsar. It would not be necessary to appear personally on each hearing. You can get information online if available.
Rajat
(Querist) 27 October 2015
Anirudh ji Please hindi language mein btaiye kya kre
Rajat
(Querist) 28 October 2015
Sir,the person wants written power on stamp paper only for legally fight for us.Aisa ho skta hai kya,pehle bolta hai vakil ko power do woh ldega apki taraf se aapko aane ki jroorat nahi bas final hearing pe aana hoga
Rajat
(Querist) 30 October 2015
Sir please give me any advice.
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
Mr. Rajat you have been sufficiently advised by experts in this open pubic forum, for any further clarification, you may contact any one of the experts here by collecting their personal details from this site and discuss in detail about the proper steps to be followed in this regard which would ensure safety for you as well as the interests in the property.
Rajat
(Querist) 01 November 2015
Mr.Anirudh
Please send ur personal contact no. to me.
