Parent's propery inheritance
ragav
(Querist) 07 November 2012
This query is : Resolved
Hello sir,
I was born in a hindu telugu chettiar family. I am the eldest son of 2 sons of my parents and i am aged 42. I am married and I have a kid. My father expired in 2000. He was working in a nationalised Bank. I got married in year 2004. My father bought a property of 3 cents with a small house in it in 1997. He bought it for 1 lakh and registered in the NAME OF MY MOTHER at that time. It was bought with cash only. I am hard worker, and employed My younger brother is 35 years old. He is not going to job properly on minor health issues. My brother says he wants to take the property for himself and my mother is also in his favor. My question is, since the property is in my mother's name, do I have legal right to inherit a share of the property after my mother's lifetime? If my mother writes a will unknown to me in the name of my brother, will it be valid and will my brother get the entire property for himself? We all live in a joint rented home at present (my mother, me, my wife and a kid, and my brother).
What are the legal rights in this property for me? In case, the property is given to my brother by my mother, do i have the right to claim a share by filing a case?
Also, my mother has taken all the PF money and receives interest after my father's demise. He died even before his retirement. My father has mentioned 25% to each of the brothers and 50% to his wife in PF/retirement benefit nomination. But i have joint account with my mom and she receives the interest herself for my share. Is it possible for my mother to break the account and take the money for herself..in that case, what legal steps can i take?
Thanks in advance for your answers
ajay sethi
(Expert) 07 November 2012
since property is standin gin your mother name she can by will bequeath t to your younger brother if she so desires
as far as PFmoney is concerned you have stated that your father has staed that 2%shall belong to brother . hasyour father made any such will?
ragav
(Querist) 07 November 2012
No he has not made any will. He has only nominated our names in his PF and gratuity application to his office in the proportion as follows: Mother 50%, elder brother 25% and younger brother 25%.
What foolishness i did was when I received the amount, I gave power to my mother to receive all the money on my behalf. Now we have joint accounts for the money. Is it possible for my mother to break the joint account and take the money for herself..in that case, what legal steps can i take?
The cause for joint account in bank is either or survivor.
ragav
(Querist) 07 November 2012
sorry please read as the "clause for joint account in bank" instead of cause for joint account.
