My father in law did not leave a will
1 year ago
My father-in-law expired in 2020. My husband is eldest son and he has a younger brother. My father in law did not leave a will. He made all the fixed deposits in his name and later my brother in law converted into his name and his wives name. My husband doesnt have a penny in his name. Do we have a succession right in his self acquired wealth of 2 crores
A.Dear Client,
if the amount is self acquired, then both the sons have rights for equal share in that wealth if your father in law did not make a will. if your father in law held your brother in law as nominee for the amount in the FDs, then it will be payable to your brother in law's name after your father in law's death. if he is not the nominee, then both the brothers shall get equal share in that amount.
if the amount is self acquired, then both the sons have rights for equal share in that wealth if your father in law did not make a will. if your father in law held your brother in law as nominee for the amount in the FDs, then it will be payable to your brother in law's name after your father in law's death. if he is not the nominee, then both the brothers shall get equal share in that amount.
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A.Dear Sir,
You may file a suit for partition on the basis of following section and ultimately you will get the matter secured if some interim orders are taken by you.
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Section 8 of Hindu Succession Act:
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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.
You may file a suit for partition on the basis of following section and ultimately you will get the matter secured if some interim orders are taken by you.
==========================================================================
Section 8 of Hindu Succession Act:
====================================================================
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.
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