Legal Question in Family Law in India
legal
My father expired on june 3rd 2007 without writing any will mother alive. The property is as follows. Having Flat in mumbai in the document writting nominee my mothers name and brothers name 50% and 50%. Is hv right to claim for share.And have 800 yards area house,one acr agriculture land and on my mother and father's name. And also Fixed deposits on my fathers name nominee my mother.But there is no will. All property earned by my father only means own property. i have married in 1982. Shall i have right to ask my property to distribute. how much i will get.
7 Answers from Attorneys
Re: legal
It all depends upon what law is applicable to you where you belong!. to hindus - if a person dies intestate - without writing a will - his self acquired property and as well as his share in the ancestral property or the properties in form of shares, deposits and other savings ..have no differentiation - it devolves upon his legal heirs. But law governing to Mitakshara joint family gave property rights only to male heirs, completely excluding all women heirs.But Tamil Nadu now followed by Andrapradesh has made special enactments to give equal share to men and women.For further details and guidance quries contact a lawyer in-person with relevant papers (if any)
Re: legal
Yes, you have a right to claim a share in the properties. However, more details are required before any concrete advice can be given
Re: legal
a) you are an equal share holder in all properties in the name of your father;
b) the issue of nominee should be completely ignored;
c) in the property owned jointly by your father and your mother, first of all your mother is entitled to half share; out of the remaining half, all of you including your mother are equal share holders;
d) you can seek partition by way of Family settlement or through court.
better method is mutual settlement; even if you get a little less in settlment, it is better; try to avoid litigation and court proceedings.
Re: legal
By way succession and operation of law you are legally entitled in equal shares alonwith your mother, brothers and sisters in all movable and immovable proerties left your father. Nomination of your mother does not create any individual title. For further query you may contact me
Re: legal
Yes, you have every right to claim and get your share in the property left by your father.Supreme court has held that nominee has the only liability to receive the property of the deceased but he is bound to distribute the same among the legal heirs of the deceased.So go ahead and claim your right in all the properties left by your father.
Re: legal
The law is very clear. A nominee recieves the property as a representative of other legal heirs. He can not claim any special right individually in his family. All self accquired properties of your father including his share in any land etc are liable to be partitioned among his legal heirs in the absence of will.
Re: legal
if any local law or any untold fact don interfere then nomination only will not entitle anybody to the property. so move to take your share.
For further and detailed consultation/advice you can consult me. consultation charges will apply.
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