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hOW TO CLAIM DESEASED FATHER'S MONEY AND PROPERTY SHARE CLAIM
10-Dec-2024 (In Property Law)
MY FATHER PASSED AWAY IN 2021 LEAVING BEHIND A WILL, WHICH INCLUDED EVERYTHING LIKE BANK DEPOSITS, PROPERTY, ACCOUNTS MONEY ETC ALL IN FAVOR OF MY MOTHER. MY MOTHER PROBATED THE WILL ON THE CONTEXT THAT AFTER ENTIRE PROBATION SHE WILL GIVE ME MY SHARE OF MONEY AND PROPERTY. THERE IS STILL SOME 2 MONTHS LEFT FOR FINAL HEARING. NO DISPUTE HAS BEEN RAISED BY ME OR MY REAL SISTER. I WANT TO AS IF MY MOTHER DOES NOT GIVE ME MY SHARE IN A SYSTEMATIC MATTER WHAT CAN I DO LEGALLY. SHE IS HOUSEWIFE.
It all depends on the nature of the property, if your father has willed in the favour of your mother and property is self acquired then you don't have any right in the property, if your mother dies intestate then you have right in the property, if you mother dies and creates a will in the favour of your sister still you will not get any right, so it is better either you get your property from your mother intestate way if you don't trust that she will bequeath property to you.
Helpful?
Adv. Ashutosh Kumar Mishra
Delhi | 50+ Answers
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Hello,
After probate, the property will be distributed among the mother and children. However, your statement does not clarify why the court did not directly order the transfer of the property to all the legal heirs of the deceased father. In this case you need to file partition suit to distribute the property. Or else she can transfer the property by mutation.
Advocate Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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Even otherwise if u raise any objection in probate case your objection should be valid n must stand during trial, simultaneously u need to then challenge the will. So it’s not highly recommended. It’s better I get your share gifted from your mother or a family settlement would work
Plz b in touch
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Adv. D. Khan
Delhi | 1000+ Answers
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You can file a partition case in your favour and you can also go for mandatory injunction suit in the civil court so that she be compelled to do everything as per the will . You must approach the civil court along with proofs
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Adv. Vinay Redhu
Delhi | 200+ Answers
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