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(Guest)

Gold, Money and Property share of interstate mother

Hi Respected Lawyers,

I am an unmarried daughter working in an MNC, I have a younger sister who is waiting for my mother's job. My mother passed away interstate due to a terminal illness few months back while in government service. I don't have a good relationship with my father due to family quarrels. He is very cunning and will go to any extent to see me suffer. My father got nearly 95 lakhs lumpsum as compensation from my mother's office during which they got signatures from me and my sister to make my father as nominee to get the money in one account. I made the mistake of signing it. My mother's gold jewels are with him in bank locker. I was fine with everything until he gave 10 lakhs as gift only to my sister for investment without consulting me. I want my fair share of my mother's settlement money, jewels and property. He has already invested in some funds. How do I get my fair share, what is the procedure to proceed. I am ready for legal battle too. My mother didn't write any will as per my knowledge. Will my signature in that nominee document affect my claim.


 2 Replies

Anaita Vas   07 December 2021

There are no criteria or qualifications in the Hindu Succession Act for married or unmarried daughters. In this way, whether the daughter is married or unmarried, she gets equivalent rights in the mother's self-acquired property alongside her sibling and husband of the deceased mother. 

The property of a mother devolves as per Hindu Succession Act, 1956, and the act applies to intestate succession.

You can either directly ask your father to give you your fair share of your mother's property or you can file a case in the court demanding your share in her property.

 

Regards,

Anaita Vas

Shashi Dhara   07 December 2021

You get 1/3rd share in you mother's assets ,file suit for  that , nomination don't gives right to entire movable or immovable properties.take stay not to dispose your share in court of law.


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