Son's claim on deceased mother's properties and assets
(Querist) 29 September 2017
This query is : Resolved
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.
(1) A sum of Gratuity, PPF/GPF, Pension, Leave encashment which is now in possession of my father (2) 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) (3) 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…..
(1) My father refused to give my share from my deceased mother’s gratuity/GPF/PPF etc. (2) My father is claiming that the farm house plot is now his since he is the joint owner. (3) My father illegal transfer my deceased mothers tenement into his name, without informing me or my sister. He also illegal 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.
(4) 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.
(5) 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.
(6) 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.