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Does uncle has right over my father's gratuity and pension fund
20-Jan-2023 (In Family Law)
I need an advice regarding the legal heir rights over Father's Gratuity, PF. I'm 32, legal son to my father, I'm married and blessed with a daughter. Living independently in a rented house. My sister used to live with us, now she is staying at our grandpa's house. I've given up the job on CG to my sister who is aged 21 now. Also provided my sister's bank account to claim the amount obtained as gratuity, PF and pension. After the settlement is complete, my uncle (Brother to my father) and relatives deposited the entire amount into bank deposits (both Fixed and Recurring) on her name and undertaking was my uncle, without my complete knowledge. Now my uncle and my relatives were opposing me that I do not have any rights to claim the share and moreover enquiring about my assets and liabilities. All I'm asking was to give equal share to both of us. My sister has agreed for this, my uncle is demanding my sister not to do so. I do not get this. What are my uncle's limits and right here?
Dear concerned,
Firstly your uncle as no right to intervene in the family matters between brother and sister unless your sister seek his assistance. Talk to your sister and try to explain her that this would bring bitterness in your relations with your sister, and explain her that both of you will have equal share 50-50% in your parents property. If she agrees and gives your 50% of what is received, its well and good., else you can file a partition suit against your sister and easily recover your claim, irrespective that the present fixed deposits and other deposits are in the account of your sister. Further please be aware that in the absence of your father, looking after your sister and her marriage should be your moral duty.
Firstly your uncle as no right to intervene in the family matters between brother and sister unless your sister seek his assistance. Talk to your sister and try to explain her that this would bring bitterness in your relations with your sister, and explain her that both of you will have equal share 50-50% in your parents property. If she agrees and gives your 50% of what is received, its well and good., else you can file a partition suit against your sister and easily recover your claim, irrespective that the present fixed deposits and other deposits are in the account of your sister. Further please be aware that in the absence of your father, looking after your sister and her marriage should be your moral duty.
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Adv. Moizuddin Ali Ahmed
Hyderabad | 25+ Answers
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hi
not sure on how your uncle is involving himself in your family matters.
You ad your sister are the sole legal heirs of your father and in absence of will both of you are eligible to equal shares of your father's P.F, Gratuity and assets.
You should file a suit for succession and recover the assets that are lying with your sister.
As such your uncle does not have any right whatsoever and it appears that your sister is under influence of your uncle and is being misguided by him.
not sure on how your uncle is involving himself in your family matters.
You ad your sister are the sole legal heirs of your father and in absence of will both of you are eligible to equal shares of your father's P.F, Gratuity and assets.
You should file a suit for succession and recover the assets that are lying with your sister.
As such your uncle does not have any right whatsoever and it appears that your sister is under influence of your uncle and is being misguided by him.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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