Rights of daughter on father's and grand mother's property

This query is : Resolved 
 


Querist : Anonymous (Querist)
01 August 2020

About me I am Sangeetha, Age -22 ,B.Sc graduate and I wish to ask some clarification on proprty rights.

I am only daughter for my mother (Aged-50-Divorce). My mother got divorce from my father after 17 years
(Marital life is only 2 years only for them) During the year of divorce got, I was 15 years old and at that time
one time settelment was made by father for the lumsum amount decided in the lok adalat court by giving 2 DDs
one for my mother and another one for me. Against this settelment only he got divorce from my mother .From my
childhood,I am always with my mother and still living with her and I am also unmarried. She is working in private firm
with less salary.I never saw him from my childhood to till date.He was govt rtd clerk. After getting divorce, my father
is not getting 2nd marriage and expired at the age of 60 recently.In this situation I wish to clarify some doubt on the property issues.

Properity-1 A residential house is there in my grand mother name (Father's mother ) and she is not alive.
Properity-2 A residential house is there in my father's name .

Will for property -1 is there, accordingly it will go to my father's younger sister.
Will for property -2 is there, accordingly it will go to my father's younger brother.

Shall I claim my father's share of property in the above two properties.If yes, in what way can I claim.

Yours faithfully,
Sangeetha.K



Rajendra K Goyal (Expert)
01 August 2020

It seems that no property was ancestral, hence considered as self-acquired.

As the owner of self-acquired property has already bequeathed the properties in the name of others, you have no claim on the property.

Your late father expired at 60 years was in the Government service, if he expired during service explore the possibility of compensatory appointment. you seem to be eligible if there is procedure.

Also explore the possibility of inheriting his proceeds of terminal benefits if not assigned before expiring.

niranjan (Expert)
01 August 2020

property no.1 is ancestral and your father has no right to make will for beyond his share so you can proceed legally.property no.2 is self acquired of your father and you cannot claim. I agree with Mr. Goyals further advice of compensate appointment and retirement benefits and also any bank accounts. you can file petition for succession cert. for the moveables property of your father.

SHIRISH PAWAR, 7738990900 (Expert)
01 August 2020

Hello,

You may not get any share in the properties. However if you have any doubt about will executed in that case you can challenge them in civil court. You may be entitle for retirement benefits of your father. Approach your fathers office and trace out the details.

kavksatyanarayana (Expert)
01 August 2020

Agreed with the above-learned experts Mr. Goyal sir and niranjan sir.

Dr J C Vashista (Expert)
02 August 2020

It i.s the right time (within 3 years of attaining majority) to challange will executed by your grandmother bequeathing property 1 in favour of your aunt, which is ancestral and you have a right.

If the property 2 was self-acquired by your deceased father, he had a right to execute a will in favour of his brother (your uncle), however, it can also be challanged on the basis of unsound and non-deposing mind, threat, coercion etc.


Dr J C Vashista (Expert)
02 August 2020

It would be better to show title documents to a local prudent lawyer for its analyses, necessary guidance and proceeding.

Sudhir Kumar (Expert)
02 August 2020

You have not indicated how these properties were acquired, by whom and when. So it is difficult to agree or disagree the same to be ancestral or not.

Further the divorce /settlement of your mother is irrelevant as far as your succession is concerned.

Divorce takes place between husband and wife and the children cannot be divorces.

P. Venu (Expert)
02 August 2020

The facts posted do not suggest any possibility in inheriting any of the late father's property in view of the Wills executed by him.

There is no question of any retirement benefits as he had expired subsequent to his retirement.

As regards to compassionate appointment, it is not a right but a concession. Yes, you can apply, but there is no certainty as to the outcome.

Apparently, you are unmarried and unemployed. If so, you are entitled for family pension till you are married or gainfully employed, which ever is earlier. You may contact the last office he has worked. If need be, obtain information under the RTI Act.



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