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Pari   04 May 2018

Inheritance of Mothers Property

Our mother expired without a will. Our father left us in 1981 without legal divorce. We have not heard from him since then. However during cremation of our mother we learnt that he has since remarried and has one daughter from second marriage. We don�t have any contact details of the family and nor do we want to get in touch with him. Please advise what can be done to prevent our father from getting any share of our mothers property


 10 Replies

Kumar Doab (FIN)     04 May 2018

Which personal law applies in your case?

Or are you all Hindu?

Did your mother leave any valid WILL?

Was there any award by court on say maintainance that is unpaid by your father?

Did you lodge any FIR for missing father?

How many sons,daughters your mother has?

Are they all minor and married?

Post full facts and details.

 

Confirm!

Kumar Doab (FIN)     04 May 2018

The marriage with 2nd lady is solemnised per customs of personal law that applies?

R.Ramachandran (Advocate)     04 May 2018

You very clearly stated in your post that your mother expired witout a WILL.

But EXPERT Mr. Kumar Doab wants to know - Did your mother leave any valid WILL? - Please Confirm.

You very clearly stated in your post that "Our father left us in 1981 without legal divorce."

But EXPERT Mr. Kumar Doab wants to know - Was there any award by court on say maintainance that is unpaid by your father? - Please confirm. 

You want to know " what can be done to prevent our father from getting any share of our mothers property?"

But EXPERT Mr. Kumar Doab wants to know - How many sons,daughters your mother has? Are they all minor and married? - Please confirm. 

If YOU THINK THE ABOVE QUERIES OF EXPERT MR. KUMAR DOAB are totally irrelevant, then better tell him so.

As regards your query, what can be done to prevent our father from getting any share of our mothers property?" - As he is also one of the legal heirs of your mother and no divorce has taken place between him and your mother, he cannot be prevented from claiming his share from your mother's property.  

Kumar Doab (FIN)     05 May 2018

You may revert on all points that were expected from you in manner as posted by me and I shall revert.

Kumar Doab (FIN)     05 May 2018

 

Dear LCI Querists and Authors 

Pls share; 

Who suggested LCI to you and has anyone contacted you so far before and after posting the query mentioning LCI?

Are you known to anyone that posts at LCI?

Don't ask and revert on any point any matter ;mentioned by personal inner and private wishes of like Mr. R. Ramachandran…(I avoided to write @R. Ramachandran that is how address was made by Ram in other threads)

Mr.R. Ramachandran canot and will not ever asks again any querist, member, Expert to do this or that ………….on post of Shri Kumar Doab and any other querist, member,  Expert…….

 

R.Ramachandran (Advocate)     06 May 2018

@Mr. Kumar Doab,

I will definitely ask questions - not matter how much that you unnecessarily protest and how inconvenient it is to you.

Pari   06 May 2018

Replies to queries raised by Mr Doab 1. We are all Hindus 2. My mother did not leave any will 3. We were very young when our father filed a divorce case. The court did not grant divorce and neither any maintenance as our mother herself was a working lady. Even After the court judgement our father never returned and after prolonged efforts our mother decided not to chase him as she got heart problem in year 1984 and all her effort from then was to secure our ( her children�s )future rather than chasing bad chapter in her life 3. No we never lodged FIR for missing father 4. We are one son and one daughter from our mother. We both intend to share property equally between us 5. We both are 40 years plus age and married

Pari   06 May 2018

Reply to Mr Ramchandran Sir does our father still continue to be legal hier even after he has remarried and also has issues from second marriage Please suggest actions that can be taken by us to prevent him from appropriating any property left behind by our mother As intimated earlier- We have no contact what so ever with him. We don�t know where he stays

Pari   06 May 2018

Reply to Mr Ramchandran Sir does our father still continue to be legal hier even after he has remarried and also has issues from second marriage Please suggest actions that can be taken by us to prevent him from appropriating any property left behind by our mother As intimated earlier- We have no contact what so ever with him. We don�t know where he stays

R.Ramachandran (Advocate)     06 May 2018

You say that "We are one son and one daughter from our mother. We both intend to share property equally between us."

It is not clear from the above whether you will be partitioning the property and share it, or you would be selling the property and share the sale proceeds between both of you.

In any case, both of you should be prepared to give his share if he initiates legal proceedings and succeeds.  (Of course, you will be contesting that he is not eligible for any share by showing his conduct, how he deserted your mother and family, how he got second marriage etc etc. ) 


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