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RANJAN KUMAR MISHRA   23 September 2016

Property

My brother was staying separately from his wife and divorce case was in the court. Unfortunately he died in a road accident. In his nomination he removed the name of his wife 7years back and put the name of Father, Mother and his son (who is staying with my parents since last 15 years, now age 19years). After death his wife and we have applied for legal heir separately and in the certificate issued 4 names appearing i.e. my father, my mother, his son and his wife. His employer given the outstanding PF, Gratuity and other benefits to my father (30%),my mother (30%) and his son (40%) as per nomination.

Now how much we have to give her of how to divide the money? Please suggest

 



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 4 Replies

Kumar Doab (FIN)     23 September 2016

You have not disclosed who was employer!

It is believed that you are Hindu.

Generically speaking:

ClassI legal heirs of deceased hindu male are: Mother, wife, sons and daughters.

ClassI legal heirs are present and shall share the estate equally.

 

Rest your own counsel can guide you further.

pradeep   25 September 2016

sir,my father did two marriage,marriage with my mather is in legal way and with other he did not  marry in fact but kept with him.In 2002 my mother  decided not live with my father as quarrel is common as he did not taking responsibilty of studying and upbringing of us.We are four sibling -two brother and two sister,although my one sister and me is married now.One of my yuonger sister and younger brother is unmarried.My possessing my some property from his father (ancestral property) and using it rent for year,he never give a single money to us.Now i got news he is going to sale acestral property without consulting us.CAN WE HAVE  RIGHT ON OUR ACESTARL PROPERTY AS WE LEGAL HEIRS. PLZZZ GUIDE SO THAT I CAN HIRE SOME ADVOCATE FOR THAT.PLEASE HELPING ME SIR AS MY MOTHER TOOK UNCOUNTABLE SUFFERING WHILE UPBRINGING US,

pradeep   25 September 2016

sir,my father did two marriage,marriage with my mather is in legal way and with other he did not  marry in fact but kept with him.In 2002 my mother  decided not live with my father as quarrel is common as he did not taking responsibilty of studying and upbringing of us.We are four sibling -two brother and two sister,although my one sister and me is married now.One of my yuonger sister and younger brother is unmarried.My possessing my some property from his father (ancestral property) and using it rent for year,he never give a single money to us.Now i got news he is going to sale acestral property without consulting us.CAN WE HAVE  RIGHT ON OUR ACESTARL PROPERTY AS WE LEGAL HEIRS. PLZZZ GUIDE SO THAT I CAN HIRE SOME ADVOCATE FOR THAT.PLEASE HELPING ME SIR AS MY MOTHER TOOK UNCOUNTABLE SUFFERING WHILE UPBRINGING US,

Kumar Doab (FIN)     25 September 2016

@ Pradeep,

Obtain copy of all mutation record and link documents from revenue official e.g; patwaari and check if the nature of property is indeed ; ancestral/HUF/JOint family etc etc..............and in such case you may have a share.

 

If the nature of property is self earned/acquired then you may have no forced share.

Show all dcos to a very able counsel specializing in family/civil matters and check if your family mebers  can file for maintainance/DV/injunction to sell etc etc.....and succeed.

 


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