We are Christians and my mother died without leaving a will. My brother says there was no will, and if he had one, I was not informed. he had a lot of money bank account And it was handled by my brother. He doesn’t want to show me his accounts. What am I entitled to and how do I get it? 1. How can I check whether my mother has made a will or not? 2. If he didn’t, how would I inherit a part of the property? For the bank account, he must have nominated my brother as he lived with him. 3. She was 88 years old and was not of sound mind. How can I hand over my due share to him? 4. Which section of the Indian Penal Code can I use against him if he does not give me his share? — Amanda D’Souza
1. If the testator does not inform anyone, it is difficult to ascertain whether the deceased person left a will. However, you will be notified if there is a will, as the executor will follow the process of obtaining a probate certificate.
2. Being a Christian daughter, as per the terms of the Indian Succession Act, 1925, your deceased mother will have the same rights as your brother. You can follow the process of getting succession certificate to get your share. of property. However, your share may not be considered if it is common practice in your area/family to follow customary laws or any provincial laws. You can claim an equal share in your mother’s property whether the asset is tangible or intangible like a bank account.
3. You can get succession certificate with which you will get equal share in your mother’s property if there is no will. If she has made a will, you can challenge the validity on the ground that she was not of sound mind or any other valid ground and claim her share.
4. You can approach any of the Provincial Lawyers, who after considering all the facts of the case in detail, can assist you in the legal process and applicable law.
if one Hindu male dies, what happens to the property which is jointly owned by him and his wife, but for which the wife has paid most of the loan EMIs to Q? — Vimal Sinha
If a Hindu man who has property jointly with his wife dies, 50% of the deceased’s property is distributed to his legal heirs.
Disclaimer
The responses are based on limited facts provided by the questions. It is advisable to consult a legal practitioner after furnishing the complete facts and documents. The responses should not be construed as legal advice in any way.