What to do if brother refuses to give property share | Economic Times

Raj Lakhotia, Founder, Dilsewill answers readers queries related to the division of assets and other Will related queries.We are Christians and my mother died without leaving a will. My brother says there was no will, and if she had one, I wasn’t notified. She had a lot of money in her bank account and it was handled by my brother. He doesn’t want to show me her accounts. What am I entitled to and how do I go about acquiring the same? 1. How can I check if my mother made a will or not? 2. If she did not, how do I inherit a share of the assets? For the bank account, she would have made my brother the nominee as he lived with her. 3. She was 88 and not of sound mind. How do I get him to hand over my due share? 4. Which Indian Penal Code section can I use against him if he doesn’t give me my share? — Amanda D’Souza1. It is difficult to ascertain whether a deceased person left a will if the testator does not inform anyone. However, you will be notified if there is a will, as the executor will follow the procedure for obtaining the probate certificate.2. Being a Christian daughter, you will have the same rights as your brother over the property of your deceased mother, as per the terms of the Indian Succession Act, 1925. You may follow the process of obtaining a succession certificate for inheriting your share of the property. However, your share might not be taken into consideration if it is the general practice to follow the customary laws or any provincial laws in your area/ family. You can claim an equal share in your mother’s property whether the property is tangible or intangible like a bank account.3. You may obtain the succession certificate with which you will get an equal share in the property of your mother 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 your share.4. You can contact any provincial lawyer, who can help you with the legal procedure, and in applying the appropriate law after considering all the facts of the case in detail.If a Hindu male dies, what happens to the property that is jointly owned by him and his wife, but for which the wife has paid Q most of the loan EMIs? — Vimal SinhaIf a Hindu male, who has a jointly owned property with his wife, dies, then the 50% share of the property of the deceased is distributed to his legal heirs.DisclaimerThe responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.