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Division of house and Fixed Deposit left behind by my late father.Can
30-Apr-2023 (In Family Law)
We are Hindus..My father has left behind a house in which my mother is co owner.
My mother wish to give house to my elder sister and Fixed Deposit to me after her death .I wish to get 50/50 in both..This
is my father self earned .
property.my sister is getting more benifit.
Can I claim 50/50 in house and Fixed Deposit and what legal step I can take.can I be compelled?
Divya
Dear Madam,
Yes you can claim as per the following rule of law.
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Section 8 of Hindu Schedule Act the wife is entitled as follows:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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Respected
As you informed your mother is co owner.
Your mother having equal 50% of right over property. After death of your father your mother will become the next succossor of the property by virtue of her titile deeds
You informed that your mother is willing to tranfer proeprty and also deposit to your account. Under what mode she intended to transfer the same was not explained by you.
Here you can claim over the 50% of your father share only along wither others.
Contact any counsel or if required you can also contact us
Helpful?
Adv. M Lakshmikanth Arya
Bangalore / Bengaluru | 700+ Answers
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