Right on ancestral property and father's savings


my grandfather had a home and after his death it came to my grandmother's name and she too died in 1997 and as per her will property is being given to my father and my uncle equally.my father were 3 brothers and 2 sisters out of which one brother and daughter died before grandmother's death only.and in 1995 my mother seperated from my father and after that he is just sending 1/3 of his salary.we are 3 people(me,my mother and my sister) and he is having a good balance in pf too.he is getting retired in upcoming feb.now my question is that can we 3(me,my sis n my mom)get part of property before my father's death and part of his pf before his retirement.
 

 
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gourav

 

in this case,  since you want property before the death of father, it is not succession. it  can be a claim of a divorcee woman on the property of her husband.she has to claim property in divorce case.

 

in case of PF, your mother can claim PF as a form of maintainance. she can claim that by filing a maintainance suit.

 
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practising Advocate

You can definitely get the share in ancestral priperty but you can not get the share in self aquired property ,particularly the PF. After death of your father you can claim the balance standing to the credit of your fathers account if otherwise not disposed of under some will etc. 

 
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