Mother and daughter right
lynette fleming
(Querist) 01 May 2013
This query is : Resolved
my mother age 63 is the only heir to my maternal grand parents there is no will on my father died in 2007 leaving money in bank we are two offspring due to torturing of son and taking away all money left by father by foggery she disowned him made FIR against him but he has not returned any thing to us. mother and i are living a misserable life though we have every thing. today she is suffering with brain attrophey and needs medical aid. i have made a complain case in jharkhand civil court on 31 jan 2013.3 months have passed and nothing positive has happened. we are anglo indians catholics. my brother is working in state bank of india
Advocate M.Bhadra
(Expert) 02 May 2013
You shall be govern by the Indian Succession Act as very similar to Hindu Succession Act.You should file a partition suit as well as a Criminal case.
The general law relating to the inheritance and succession can easily be referred to The Indian Succession Act, 1925. Under this Act every Indian is entitled to equal shares on inheriting the property on the death of a person. The exceptions are Hindus, Sikhs, Jains, Buddhists and Muslims as they are governed under separate laws of succession. As for the persons of different faiths than Hinduism and Mohammedan, the Indian Succession Act, 1925 applies.
We can easily segregate the laws of non-testamentary or intestate succession and inheritance as would be applicable to Hindus, Sikhs, Jains and Buddhist and with Parsis, Christians and Jews with that of Muslims and with persons of inter faith marriages.
Laws of succession applicable to Hindus, Sikhs, Jains and Buddhist; for the non-testamentary or intestate succession/inheritance, the governing law is the Hindu Succession Act, 1956.
Laws of succession applicable to Parsis; for the intestate succession the governing law is the Indian Succession Act, 1925 specifically under section 50 to 56 of the Indian Succession Act, 1925.
Laws of succession applicable to Christians and Jews; for the intestate the governing law is the Indian Succession Act, 1925 specifically under section 31 to 49 of the Act.
R.K Nanda
(Expert) 19 May 2013
no more to add.
