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shiv (consultant)     15 June 2015

Disputed property

In year 2006, the father of our  client ,who is the younger daughter, died suddenly due to heart attack without leaving a will of property at the age of 52 years. He had a wife, two daughters and a son all children studying. Since the wife was illiterate the cash, gold and silver  and property was handled by eldest sister . Mother died slowly due to lack of medical care in year 2013. In year 2015, post to her marriage, the eldest sister, now does not want to share any amount of property. Following points are to be noted:-

  1. one bank account of father is yet unclaimed
  2. All accounts of mother have been made joint account of eldest sister and funds transferred to own accounts
  3. She is giving no accounts of gold or silver, maybe kept in a joint locker of mother and hers
  4. She has spent a lot of money from these accounts for her personal luxury requirements
  5. She has bought land from these money
  6. She had emptied the funds from the accounts of small sister on behalf of small sister’s marriage
  7.  She is not giving all fixed deposit details done by her father on small sisters name
  8. Not giving details of own house/property papers
  9. Not giving details of cash at home at the time of fathers death

What is the best way to approach and best possible relief sought?

 



Learning

 4 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     15 June 2015

File a civil suit asking for declaration and partition by procuring all details of all assets of father and if any forgery committed, or false affidavits submitted file criminal case too.

Amol Kende (No)     15 June 2015

Ok I want here in this case all these childs need to file civil suit as well as for legal heirs declaration afther that for partion of assests am agree withthe Akhtar Ali Sheikh

Dr J C Vashista (Advocate)     15 June 2015

If the father died intestate and nominated his eldest daughter in Bank accounts she has all right to operate the account and no one can challange,  even if challanges it would not survive. Similarly other movable assets of the deceased shall be enjoyed by eldest daughter, holding control/ possession of cash, gold & silver.

Other LRs of deceased (father) can have their equal share in ancestral property of the deceased..

shiv (consultant)     17 June 2015

The issue is that the details of property apart from ancestral property is available verbally . Even the details of bank acount is not being provided by the eldest sister.

Th father had no will. Does the case change if the mother has any will? Will the mothers joint account with elder sister considered as sisters account only?


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