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Nagpurian (Self)     24 December 2012

Share in mother's property purchased from father's p.f

My father died without making any WILL in 1984.

My father died without making any WILL in 1984.
He is survived by us (we 4 brothers) and Our Mother.

My Mother was and IS a Housewife for entire life.
PROVIDENT FUND of my Father was received by my mother.
She purchased a PLOT from that FUND. There is NO PROOF of this.

One of my Cousin has influenced her and obtained her signatures on blank papers as well as Stamp papers under pretext of some pension work.
We suspect that
a. Cousin will make a POA on those Stamp Papers and Sell her Plot or
b. He will make her WILL and produce after My mother's death.

My mother does not realise her mistake.


Since the source of FUND for the said Plot was the Provident Fund of our Father:
1. Can we (4 Brothers) claim right to the Plot ?
2. Can we file for Partition while our mother is still alive ?

 



Learning

 1 Replies

Advocate Vishnu (Advocate)     24 December 2012

your rights are limited only to the extent of the provident fund. Since there are 5 legal heirs , each is entitled to 1/5 share in it. you may file a suit for partition , but I am unable to say whether you will be able to succeed in the suit.


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