| Originally posted by : Vinay Trivedi |
 |
Dear Friends
My mother passed away intestate in February 2014 and was a government employee for more than 30 years. My mother left following immovable and movable assets intestate.
A sum of Gratuity, PPF/GPF, Pension, Leave encashment which is now in possession of my father
A farm house plot which is in joint name with my father where my mother is the primary holder (my father has no monetary involvement at all in buying the said plot. It is solely purchased by my mother’s savings)
A tenement in a prime location which is in her maiden name (though it was purchased 10 years after her marriage) and my late grandfather (mother’s father) financially helped my mother in purchasing the said tenement.
All the problems surfaced when my father suddenly, without intimating us remarried in November, 2016 and forcing my family (me, my wife and my 3 years old daughter) to evacuate “his” house. We’re currently residing in a 3 floor tenement which is in name of my father (but residential plot was offered by government of Gujarat under a scheme at highly commissioned rate and with a condition to wave off my mother’s claim from claiming the plot under government scheme. Only one can be eligible for the plot if both husband and wife are government employees).
I’ve one younger sister who is married and settled in the UK. Now my problems are…..
My father refused to give my share from my deceased mother’s gratuity/GPF/PPF etc.
My father is claiming that the farm house plot is now his since he is the joint owner.
My father illegally transferred my deceased mother’s tenement into his name, without informing me or my sister. He also illegally obtained duplicate share certificate from the society. He did all these without any proper legal procedure. Now he’s claiming that the said tenement is also belongs to him and does not allow me to claim my share into the said property.
Is my father entitled to claim his share in any of the above assets since he is remarried and earning that much that lead him luxury lifestyle.
My sister is settled in the UK and does not intention to do any legal procedure against my father nor she’s interested in claiming her share legally. She’s also not giving POA.
My father is misusing all these above, especially cash from gratuity/GPF etc as a tool against me and my family to harass and torture us.
What are my legal options to get my share?
Thank all of you for your valuable time and highly appreciate your guidance. |
 |
You have posted that:
"My mother passed away intestate in February 2014 and was a government employee for more than 30 years. My mother left following immovable and movable assets intestate.
A sum of Gratuity, PPF/GPF, Pension, Leave encashment which is now in possession of my father
A farm house plot which is in joint name with my father where my mother is the primary holder (my father has no monetary involvement at all in buying the said plot. It is solely purchased by my mother’s savings)
A tenement in a prime location which is in her maiden name (though it was purchased 10 years after her marriage) and my late grandfather (mother’s father) financially helped my mother in purchasing the said tenement."
1. Who was nominated as Nomine in all the schemes mentioned by you?
Was it your father?
Carefully GO thru
Madras High Court
S.Sandhya vs The Chief General Manager on 9 April, 2012
https://indiankanoon.org/doc/60917043/
2. The father is title holder.
Is share of each of Mother, Father mentioned in sale deed?
If No, both hold title upto 50%.
The 50% share of your Mother is open to succession.
Succession has opened on date of death of your Mother.
Rest your contention about money of mother being paid to buy 50% share held by your father is contentious issue.
Looking into your relations (probably strained as guessed from your post) your father may not agree at all.
3. Your mother is sole title holder.
The 100% share of your Mother is open to succession.
Succession has opened on date of death of your Mother.
It is felt that probably your father was nominated in the said property in said society and society has transferred the share to Nominee.
Society may opine that legal heirs can claim from Nominee.
You may obtain all docs from society and examine.
Relate with society bye laws and Model Bye laws of the state and Act and check if the action of society was violative of any bye laws and Act. If yes, you can implead the society.
Rest your contention about money of maternal grandfather being paid to buy 100% title held by your mother is contentious issue.
You are aiming to agitate that under the said circumstances the heirs of Mother have interest in the plot and building raised on it.
You are aiming to agitate that the property is acquired from your mother’s Parents side and hence your father is not a legal heir……………. and sons and daughter of your deceased mother are present and hence your father should not get any share from it.
It is another contentious issue.
