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Jyoti (Associate)     21 February 2014

Claiming a property

My dad did not have any pension or any other income, but he has a shop which is rented  .

My dad had opened a joint account with my sister and one of my brother. The rent as well as the security deposit of Rs. 1,00,000 of the tenant was deposited in the said joint account . As my dad was sick and could not go to the bank or operate the account, she used to operate the same for him. The tenant has not paid the rent since 8months saying that "I don't know whom to pay" and nobody is willing to suggest a name. We all want to sell the shop and distribute equally among ourselves. But before that we need to pay back the deposit.

Now since my dad has expired can I ask her about the balance in the account. If yes, what if she disagrees to show us the account? what if she has tranfered all the money of my dad to her personal account or has done the FD for her self? My sister says that the security deposit was exhaust towards his medical expense of my dad. but she is not willig to show us any proof. She has even written off my dads name from the accout after his death without our concern. Do you think she should have sort concern from us as we are also dads children? How do you think we should pay the deposit amount?



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 2 Replies

adv.raghavan (Advocate,9444674980)     23 February 2014

Since you father had nominated your sister in bank records, she is eligible to collect bank payments after his demise,  u have apply for succession certificate to follow up all movable assets of your father apart from this, coming back to shop you can file suit for partition.

Jyoti (Associate)     05 May 2014

Thank you so much


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