Inheritance rights of a married daughter
Querist :
Anonymous
(Querist) 31 May 2019
This query is : Resolved
Hi All,
Need urgent help to understand and take a legal recourse in regard to the right of a married daughter in father's self earned moveable/immovable wealth after his death (he died without a will) when her mother and two married brothers are also there and are in possession. Her father died through a cancer whom docs told six month earlier about his condition and time period.
Question is whether for quantifying his left over wealth, is she entitled to get his bank accounts checks from dates prior to his date of death as there is a doubt that her brother have already moved all funds available in his band accounts prior to his death and very little funds were available in his bank accounts at the time of his death. Her brothers are not willing to disclose those details to her.Please suggest whether is she legally entitled to see her father's bank account details prior to his death to arrive at the quantum of his true moveable legacy as he died without a will and did not name anyone for his house property as well.
Ready to engage a good lawyer after the advise if any legal recourse is available.
Thanks in advance for the help.
Vijay Raj Mahajan
(Expert) 31 May 2019
Married daughter has same share as any of her brother in the self acquired property/estate/cash of the deceased father.
In case of Hindus, the Class 1 heirs of the deceased Hindu male are all his sons, daughters, his wife and mother each of them get one share each in all his properties.
The married daughter can seek her share in the property both movable and immovable including cash left by her father in his bank account.
The other members of the family if refuse to give her share, she can move civil suit for partition of the properties of the deceased father and even seek injunction order from the court against all other members of the family from disposing any of the property of the deceased father. Appropriate order can be taken from the court for sealing the bank account of the deceased father and making any withdrawal of the cash from the same.
All account details of the bank account of the deceased father can be summoned in the court to check if any amount was withdrawn by anyone just before or after the death of the deceased father.
All these you need to workout with help of honest lawyer.
J K Agrawal
(Expert) 31 May 2019
Sir, Please let us know how to check honesty of an advocate ?
Vijay Raj Mahajan
(Expert) 01 June 2019
You need to check the background of the lawyer to confirm his honesty.
Lawyers answering the questions posted here in this forum without charging any fee are all honest, that one can make out, what else you require to check.
Sudhir Kumar, Advocate
(Expert) 01 June 2019
Whoever wants to stake claim in any property should be ware what and where the property is. If you do not know (your father chose not to tell you in lhis life) as to where the accounts are then you cannot claim it. Your brother are under no obligation to tell you where do your rights begin against them.
If you are able to get the ccounts summoed as suggested by Mr Vijay Raj then these will be shared.
But how do you get it summoned. If you know his PAN No then Income tax deptt can be forced to tell the court as to what all accounts/deposits he held.
Guest
(Expert) 01 June 2019
If you should travel thro the towns and villages of England, you will find many Quaint Inn signs.One will strike you more than others. It is an old inn called " The Honest Lawyer ".If you think it is an tribute to the Character of English Lawyers you will be mistaken.The figure on the sign is dressed in blue frock coat but he carries his head in hand.. It means that there are No Honest Lawyers Left.The only honest one had his head off. " God works wonders now and then ,::Behold a Lawyer and a Honest Man "
Guest
(Expert) 01 June 2019
Defending the clients Most Honestly is the Most Honest thing the Honest Advocates should do.
Guest
(Expert) 01 June 2019
Honorary Service or Free service as mentioned by Mr.Vijay Raj Mahajan Service With out charging any fee could very well expose the Generosity.and Kindness and question of Honesty is no way involved please
J K Agrawal
(Expert) 01 June 2019
well answered by Mr. Rajkumar.
It is tough to check honesty but if your advocate is dedicated to work and reasonable takes all steps timely, i count him honest towards profession.
Here Honest does not mean "one who is not cheater or by accepting gratification do not do any thing adverse own client" He is cheater as well as offender. Such people are everywhere in every profession.
Here I mean honest is that who is not negligent towards profession.
Guest
(Expert) 01 June 2019
Thanks to Expert /Advocate Mr.J.K.Agrawal
Dr J C Vashista
(Expert) 02 June 2019
I endorse and appreciate acumen of experts, including explanation of "honesty of advocate" by Mr. NJS Raj Kumar and Mr J K Agarwal.
