anand@realty (proprietor) 27 June 2012

Minor's share

My cousin is a divorce having one girl child. At the time of divorce child was 7 years old. Then my cousin's husband passed away one year after the divorce. Whether the child gets her father's property and shares in the company. My cousin dont have any papers relating to her divorcee husband and her inlaws are not disclosing any matter regarding the property and my cousin being a woman she is helpless, how to appoach legally.

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Adv Archana Deshmukh (Practicing Advocate) 27 June 2012

The girl child is the heir of her father along with her grandmother (mother of the deceased). She has equal share in his property. Contact a local lawyer along with available details. He/She will guide as per situation.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 27 June 2012

Dear Querist,

Only the spouses are divorced and their relationship comes to an end, children always remain related to both the spouses. So when the father of the child dies, as class I legal heir - child automatically succeeds to father's property. If you are not in the know of exact property details of deceased father, then take the services of a local lawyer, who would do the following :-

a) Do a title search;

b) Put caveats (so that if a will is sought to be probated by the relatives of child's father to defeat the child's interest you get to know beforehand);

c) File a suit for partition (if there are other class I legal heirs) coupled with mandatory injunction seeking directions whereby the court would order production of true and actual details of properties involved.

Feel free to talk !

(Guest)

1. Search for father's property and personal belongings -- including safety deposit boxes -- thoroughly. Look for documentation like life insurance policies, bank and other account statements, canceled checks, a copy of your parent's will or letters that may have mentioned investments or personal property.

2. Write down pertinent information found in your search like the name of former employers who may be involved in investment accounts, physicians who may know the insurance provider your parent used, the attorney who drafted your parent's will and friends and family members who also are heirs or would have knowledge of the deceased's assets.

3. Ask the probate court clerk to look for any documentation related to fathers name or address. Typically this information is a matter of public record once filed, although you may have to pay a small fee for the clerk's services.

4. Visit other court offices (e.g., small claims, divorce/family) that may have records related to your parent. Ask these courts if they have information such as any judgments involving your parent's assets, such as alimony, bankruptcy, liens or garnishment.

5. Check the Office of Municipal Corporation, City Survey department where they have data of all the properties situated in their zone.

6. Carry out search with the Office Sub-Registrar, where they have online search facility and procure details in respect of the properties, if any standing in the name of deceased.

7. Get a public notice issued calling upon public at large not to deal with properties standing in the name of deceased specifying that the minor daughter has right, share and interest and is successor to the properties.

Filing a suit for declaration, partition and possession would only come into picture subsequent to when you are able to locate the properties.

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Minor's share

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