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The assets are taken over by one sibling, Mother died without will


29-Jun-2023 (In Property Law)
My father left a detailed registered will in which all assets went to my mother and after her he divided it among his 4 daughters. After his death mom got the main house transmuted in her name but she died a year later without any will. Youngest daughter was to execute the father's will and also was trusted by mother to do the needful. However the youngest has transferred all deposits and securities in her account, and she is occupying two of the three flats left in the main house. Not sharing the death certificates of parents or disclosing the assets. Have invited her a number of times but she says no money is left. My research through information known to me talks of movable assets worth 2 cr. What should I do. The other two sisters are just waiting for something to happen. Can I file a succession suit independently to access my 25% share. I have a legal heir certificate of 4 of us for both parents.
Answers (5)

Answer #1
850 votes
Here a suit for partition and injunction needs to be filed. Your sister is required to be restrained immediately for the access of the entire assets against the terms of Will. For any further legal assistance please feel free to contact

Thanks
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Answer #2
978 votes
You can obtain a duplicate death certificate from the office of the Sub Registrar from where the same was issued. You may seek legal assistance in this regard. You can issue a legal notice to your youngest sister seeking your share of 25 % from the deposits and securities. Thereafter you may file a petition seeking succession of your mothers assets if she had died intestate. Further you may seek a detailed consultation
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Answer #3
890 votes
the will of your father will have to be read in order to get a more clearer picture. all assets went to your mother but you've also mentioned after her he divided it among his 4 daughters
there is some confusion as I cannot understand what is your exact question
for further queries please feel free to contact
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Answer #4
627 votes
Yes you can file suit & application to get your share as per the succession. We need more facts on this n need to know the jurisdiction of your case …kindly b in touch with as asap to understand the legalities.. thanks n b in touch
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Answer #5
769 votes
Hi
You need to file for a suit for declaration. In case there is still a will you need to execute it by filing a probate petition. Please feel free to get in touch to discuss further in detail.

Regards
Adv. Abhinav Sharma
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