Prameela (consultant) 26 October 2012

Property share for daughters when no will was made by parent

Hi,

I have 2 queries to be answered.Please help me in that.

This year both my father and mother got expired without making a WILL.
We are 2 sisters and 1 brother all married .
1. There is 9 acres of land in the name of my mother,Since no will was made
being daughter what will be my share in that ?since my brother is not
willing to share the property with us if we proceed legally how long will
it take to get the property to our hand?

2.My father was in government service when he expired.he had the PF amount.
Being a married daughter will I and my sister get the share in that
legally?Here my mother expired first and with in 2 months my father expired and we dont know if he had made any proportional quotes for us (daughters) in that.

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12 Replies

Advocate M.Bhadra 26 October 2012

All have equal share,you can claim your share in respect of immovable property by filing a Partition Suit in Civil Court and in respect of deposit in bank account,provident fund etc submit a claim applicaion with a Legal Heirs Certificate and death certificate of your father.

Kiran Kumar (Lawyer) 26 October 2012

equal share in all the properties.

equal share in the other capital, nomination is no obstruciton in the rights of a legal heir.

seek professional assistance of a local lawyer.

Rajashekar Thogiti (ADVOCATE) 27 October 2012

All equal shares in property for all Leagal hairs

Chetan Joshi (Advisory/Advocacy) 27 October 2012

Every one is correct here....

Chetan.7679@gmail.com

Alok Tholiya (self employed) 27 October 2012

Yes in the absence of will all legal heirs have same and equal rights.

Anish Thakur 7018812737 (advocate) 27 October 2012

dear querist ,

1. where is the concern of movable and immovable property ,all children will get equal share .

2. when there is concern of money deposited in various accounts or investments the nominee made in those accounts will get the money and in case of no nominee that amount too will get distrubuted equallyt among the children

surjit singh (Assistant) 27 October 2012

Mr Anish Thakur opinion is more specific and clear.

P V RAVI KUMAR (ADVOCATE) 27 October 2012

First you apply for legal heir certificate from thasildar office. Next approach the salary disbursement officer and PF authorities with the copy of legal heir certificate and stake your claim in PF amount. Normally a govt servant will put his wife as nominee of PF and pension etc. Since your mother expired just 2months before your father he might not have changed the nomination.

As far as the share in immovable property is concerned your send a legal notice for partion of the property. So long as your names appear in legal heirs certificate your brother cannot transact with the property. For mutation of revenue records or for selling definetly he needs your co operation. If nothing works out then you file a partition suit before the jurisdictional civil court along with a petition for interim stay.

Ajit Singh Cheema (practising Advocate) 28 October 2012

Anish Thakur may kindly note that even in the case of nomination ,the nominee has to recieve the payment on behalf of all the legal heirs .

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K.K.Ganguly (Advocate) 29 October 2012

All the daughters will have equal right on all the movable & immovable properties including PF amount. Even if the brother or any body else was made a nominee for PF or similar accounts, he or she will be treated as custodian of the amount only & not owner. The amount so received by the nominee will be equally shared by all the heirs as rightful successors.