Will
maninder
(Querist) 03 March 2015
This query is : Resolved
Good Day to all respected experts
I am only son ( 37 yrs) of my parents and 2 elder sisters which are married and setteled.
My mother expired in 2014 and a locker was in joint name of my mother and father. after mother death, both sisters put her names in lockers(either or survivor) of my father and took away locker keys. When after few months, my father asked the locker Keys from sisters, they refused to give.
Now father gave application in bank that locker should not be operated till his consent and bank sealed locker
sisters not giving locker key and not signing docs.
1) Please suggest way out as my father went to depression after this episode as all his earning is in that locker in form of gold
2) My father and i are living in house which is build by my father. He made will that after him, i will get the house but now he apprehends that sisters mite trouble me for share
Is registered will a foolproof way or is there some other way out.
Please advise
Many thanks for your valuable time
tks
MS
Devajyoti Barman
(Expert) 03 March 2015
Will needs Probate and in application for probate your sisters are likely to put objection.
So better ask him to execute family deed of settlement or gift deed.
On death of your mother all of you becomes her legal heirs and taking this advantage your sisters are misusing the locker. So keep this under frozen condition.
P. Venu
(Expert) 04 March 2015
Yes, gift deed is the ideal option.
Rajendra K Goyal
(Expert) 04 March 2015
Gift deed is better option. However, in such case if you refuse to maintain your father and turn him out from the house after gift, he would have no option.
Your father should apply to the Bank to get the locker Break open and prepare the list of inventory /articles in it before independent witness and keep the articles in separate locker.
Guest
(Expert) 04 March 2015
Well advised.
R.K Nanda
(Expert) 04 March 2015
agree with experts.
maninder
(Querist) 04 March 2015
Respected experts
Thanks for your expert advice
Ref to MR.Goyal's advise on bank application, Please let know if father can do so and get the locker opened, without presence of my sisters. Bank confirmed that for opening locker , all 3 persons whose name is in locker acccount( my father and both sisters) should come in presence with their photo identities
To add , my father was operating this locker since last 15 years and after my sisters put their name in locker, locker was not operated thereafter and was sealed 6 months back based on the application of my father
Please advise ,
Many many thanks in advance to all of you Sir/s
T. Kalaiselvan, Advocate
(Expert) 07 March 2015
It is true that the signatures of the joint owners of the locker is to be made in person before the bank manager by proving themselves through ID cards. Take the help of local lawyer who will suggest you some other different ideas.
