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Jeetu (Executive)     16 May 2016

Distribution of property after father death

Hello, I would like to know about distribution of property/Assets within family members after death of my father ( legal owner). Below are the details.

Family details-  after my fathers death, there are total 5 members in family- Mother, 2 unmarried Daugthers, 1 Married son his wife and one Child (boy).

Now my mother wants to separate me, So I would like to know how below assets/ Property will be distributed among the members listed above.

Assets/ Property Details:

-2 Properties (Registered with Deceased Father name)
-1 Property ( Registered with my Mother name which was transferred from my grandfather to my mother)
- Death benefits paid to my mother i.e Insurance funds/ PF amount/ Gratutity... etc.
- Monthly Pension income paid to my mother after fathers death.

Please let me know the eligible share for me/ my wife/ my child son in above listed assets/ properties after separation from my mother/ 2 daughters.

Thanking you in advance.



Learning

 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 May 2016

Sir, 

 

In deceased father's property you have equal share as of your mother and sisters. In mother's share you don't have any right in the property . 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

https://kapilchandnaadvocate.wordpress.com/

Kumar Doab (FIN)     16 May 2016

Do you mean to say that some amicable family settlement is in progress to devide all of the said assets?

The property in the name of father is self earned/acqquired by father or ancestral that devolved upon your father?

The property in the name of Mother is self earned/acqquired by your grandfather or ancestral that devolved upon your mother? And the grandfather is Maternal or Paternal?

Your wife has no forced share in estate.

Believing that you are Hindu and immovable Property of Father is self acquired/earned:

Your mother,2 daughters, you have equal share in immovable property, and insurance policy

Your mother shall get Gratuity,GPF,pension

 

 

You may go thru:

Punjab-Haryana High Court
Lachhmi Devi vs General Public on 10 May, 2000

https://indiankanoon.org/doc/1518838/

 

 

 

 


Attached File : 60926 20160516220208 97769275 lachhmi devi vs general public.docx downloaded: 84 times

Imthiaz Ahamed (Lawyer)     16 May 2016

Sir,

Since your father died intestate you have equal share in his property as of your mother and sisters.

You don't have any right in mother's property till she is alive. However you can ask for partition since the property was transferred by your grandfather

With regards

H. Imthiaz Ahamed

Advocate

Madras High Court

 

parag (director)     24 May 2016

Is there any order Sir want to know abt as per SC order in a case whos father died before 2004 there daughter can not ask for property share...is it? Or misguided me

parag (director)     24 May 2016

Is there any order Sir want to know abt as per SC order in a case whos father died before 2004 there daughter can not ask for property share...is it? Or misguided me

parag (director)     24 May 2016

Is there any order Sir want to know abt as per SC order in a case whos father died before 2004 there daughter can not ask for property share...is it? Or misguided me

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