Married (hindu) daughter claim over fathers property

This query is : Resolved 

Querist : Anonymous (Querist)
16 July 2020

My father died 3 years back without will and my mother is not sharing his property details his PF fixed deposits even she withdraw money after his death from his account .I have one sister and one brother also .So please guide how can i know about the flats and plots he owned and bank deposits and also FD on my name which my mother dont want to share with me .Be cause i need to claim my share according to the law which given rights of equal share to daughters.Please guide.

Rajendra K Goyal Online (Expert)
16 July 2020

You can send RTI to the concerned department regarding PF / gratuity / other amount paid. Mostly the PF is paid to nominee and the department was justified if paid to nominee.
Send RTI to Bank mentioning that you are legal heir of your father and want to know the tune of deposits held by him. Send letter to the Bank not to dispose of deposits of deceased without proper orders from court. Bank can pay the deposit of deceased to nominee if it is registered.

Take help of some lawyer to know the details of property.

You can personally contact and request in writing to tell the amount.

Rajendra K Goyal Online (Expert)
16 July 2020

Nominee is a trustee of all legal heirs; you can claim your share from nominee even if disposed to nominee by the department / Bank.

Dr J C VashistaOnline (Expert)
17 July 2020

File a suit for partition of all movable and immovable properties left behind by your deceased father, you have 1/4th share.
Obtain details of all properties through RTI Act or applications.
Your mother can not retain/ use entire FD/PF/ bank balance and other movable properties of your father.

Dr J C VashistaOnline (Expert)
17 July 2020

Marriage of a daughter do not take away her right in the intestate property of her father.

Sudhir KumarOnline (Expert)
17 July 2020

RTI is not going to help in any way.

If your father has not told you the dedtails of the property / deposits in your name it is your bad luck. If you know the name of property details you can get complete deed from Registrar/Tehsil office (not under RTI).

If your mother is drawing money from bank then it is apparent (though you did not say so) it is joint account. You cannot stop her. You cannot compel the bank to disclose details of deposits, even under RTI Act, if you are not a depositor. If you are depositor/beneficiary then you need not follow long and technical process of RTI.

As far as PF is concerned, the nominee is not a mere trustee he is the owner (in case of PF of Govt servant) of the money paid to him as nominee. You have not clarified whether it is departmental GPF or EPFO deposit.

Isaac GabrielOnline (Expert)
30 September 2020

Chck the property statement with the help of the service records.where you can get some clue.else,trace the municipal receipts etc., fo having paid the taxes. Also verfy the bank where he kept accounts.

kavksatyanarayanaOnline (Expert)
03 November 2020

File partition suit in court by consulting a local lawyer.

K.S.Ramaswamy Advocate (Expert)
03 November 2020

In my opinion First step ensure your name is included in the legal heirs certificate. After that can file a partition suit after consulting a good lawyer of your State.

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