Legal heirs
priya
(Querist) 31 March 2014
This query is : Resolved
1.my husband expired 4 yrs back since then im living with my parents and my 5yr daughter.my husband has 3 sisters(elder) and 1 brother..eversince my husband expired my inlaws dint help us in any ways..they have ancestral property worth 4 crores and other property in father in law name..my father in law expired befre 3 mths.now whn i asked for my husbands share in property they say nothing is written to us by my father in law and they decided to give 20 lakhs..but the property s worth 6 crores.i need my husbands share for my daughter.what to be done now?will my daughter has right on grand father property??
2.my name is misspelled in legal heir certificate of my husband whch was applied and processed by inlaws.will that create any problem?wat is the procedure to correct the name?
ajay sethi
(Expert) 31 March 2014
did your father in law leave any will ? please clarify .
Kumar Doab
(Expert) 31 March 2014
It is believed that the family is Hindu.
As per Hindu Succession Laws;the Legal heir are well defined and ClassI legal heir are:
Son/Daughter
Widow
Mother
Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
Son/Daughter of a pre-deceased Daughter
Widow of a pre-deceased son
Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
Widow of a pre-deceased son of a predeceased son
Accordingly you and your daughter are entitled to get the share from:
-The estate which is ancestral.
-The estate which is self earned by your Father in Law and has not been given away by the deceased Father in law during his life time by Gift deed, WILL etc…………………Such self estate shall be equally divided between classI legal heir
The share of your deceased husband’s self earned estate shall come to you and your daughter, your mother in law in equal proportion………….including his terminal dues if he was employed.
Your stakes in the matter are very high. Hence you must sign on any document ( with blind faith on anyone) until you have fully understood it and has got it examined from your lawyer………………………………………
You may avoid having blind faith on anyone.
You should also get some first hand knowledge on succession and basic understanding.
If you feel that you are competent to handle the situation then without signing any document you may evaluate the option of collecting 20 Lakhs and stake claim for everything else later.
If you can’t don't jump into it.
Get first hand details of all estate whihc is ancestral, self earned and stake a claim for it.
Get everything valued as per current market value.
If required obtain injunction so that No One is able to sell and dispose off the estate.
You should consult a competent and experienced lawyer handling revenue, succession matters, such cases in person AS AP.
Sourav Das
(Expert) 01 April 2014
dear client,
yes, your daughter is entitled to get the equal share of her father's ancestral property.
moreover, in absence of any will by your father-in-law, your daughter is also entitled to get equal share with the other legal heirs.
file partition suit.
T. Kalaiselvan, Advocate
(Expert) 01 April 2014
Your daughter and yourself are entitled to a share out of the share entitled to your husband who is apredeceased son of yourfather in law and who died intestate leaving behind his legal heirs to succeed all his estates. Besides this, your daughter is entitled to a share out of her her father's share in the ancestral property and you are entitled to a share out of your husband's own share in the ancestral property along with your daughter as a co-sharer in it. Thus it is certain that you and your daughter are entitled to a legitimate share in the entire property, hence immediately contact a good local lawyer and file a partition suit along with an application for restraining them from alienating or encumbering or dealing with the property in any manner that may may go against the interest of you and your minor child.
priya
(Querist) 02 April 2014
YES MY FATHER IN LAW LEFT WILL..MY MOTHER IN LAW SAYS MY FATHER IN LAW HAS WRITTEN A WILL SO NOTHING CAN BE GIVEN TO ME AS HE DINT MENTION ANYTHNG FOR MY DAUGHTER AND MYSELF..THEY ARE NOT READY TO DISCLOSE THE WILL TO ME (I HAVE NO CLUES ON WHATS WRITTEN BY HIM IN THE WILL.I AM HELPLESS..THEY DINT ALLOW ME TO MEET MY FATHER IN LAW AFTER MY HUSBANDS DEATH..IVE BEEN INFORMED ABOUT MY FATHER IN LAW DEATH ONLY...THEY WOULD HAVE MADE HIM NOT TO WRITE ANYTHING IN FAVOUR OF US.IN CASE IF OUR NAMES ARE NOT IN THE WILL AND NO SHARE IS GIVEN TO US..HOW SHOULD I PROCEED..ITS LIKE ME AND MY DAUGHTER IS CHEATED
ajay sethi
(Expert) 02 April 2014
in respect of self acquired property of your father inlaw you and your daughter dont have any share as your father in law has by will not bequeathed any property to you .
contact a local lawyer . issue legal notice demanding your share in property and for partition . if they have will in reply to legal notice copy would be furnished to you
R.K Nanda
(Expert) 02 April 2014
no more to add.
priya
(Querist) 03 April 2014
today i came to know that my father in law has left a settlement deed not a will..but my inlaws family is not showing me the copy of it whwen asked for ..they saying they will show only in presence of 3rd person..my doubt is what is settlement deed?can i take any actions against it..because the settlement deed has my father in laws self acquired property and his fathers(ancestral)property..kindly help me
priya
(Querist) 03 April 2014
today i came to know that my father in law has left a settlement deed not a will..but my inlaws family is not showing me the copy of it when asked for ..they saying they will show only in presence of 3rd person..my doubt is what is settlement deed?can i take any actions against it..because the settlement deed has my father in laws self acquired property and his fathers(ancestral)property..kindly help me
ajay sethi
(Expert) 03 April 2014
without going through contents of settlement deed how do you expect experts to reply
Guest
(Expert) 03 April 2014
What is the harm in bringing 3-4 neighbours to make them show the settlement deed, if they are willing to show in the presence of third person? You may also bring one or two of your own relatives along with the neighbours.
M.Sheik Mohammed Ali
(Expert) 03 April 2014
where are you from ?
you should file share case in against in laws.
priya
(Querist) 03 April 2014
what is settlement deed?can i take any actions against it..because the settlement deed has my father in laws self acquired property and his fathers(ancestral)property which doesnt have any share to us as they say..
ajay sethi
(Expert) 03 April 2014
‘Settlement’ is a transfer of property, in a written form, made by one person (called settlor) in favour of another person (called as Settlee). There is an immediate transfer of interest by a settlement deed, and cannot be revoked later
Guest
(Expert) 03 April 2014
In addition to the clarification on settlement deed by Shri Ajay Sethi, I may add, if the settlement deed has been got prepared by force from the owner/settler, the same can be challenged in the court of law on producing sufficient proof.
