Legal right on father's property
Ranjana Choudhury
(Querist) 30 May 2013
This query is : Resolved
Dear Expert,
Thanks to all Experts who helped me with their valuable suggestion replying to my earlier query. Taking this opportunity I would like to put some more queries before experts for further suggestion. Being a female Hindu, got married near Calcutta in the year 2002, my father and mother both have expired in 2005 and 2011 respectively. When I claimed my 50% share of my father’s property (consisting of two storied building on 2800 sq ft of land ) from my only elder brother (my parents have two kids, me and my elder brother), my elder brother refused my share by showing a purchase deed. As per that purchase deed the said land was purchased by my elder brother in the year 1991 against Rs 30000/-, occupation was shown as a teacher. On asking about the two storied building, he said that the building was constructed with bank loan which was sanctioned to him in the year 1992 after his joining to a State Government service. But these facts (regarding land purchase and bank loan) were not known to me, I was completely in dark. It was very much surprising to me that how it was possible for him to arrange Rs 30000 at that time, because in the year 1991 my father retired from a central Government service and my brother was working in a private school to earn his pocket money and preparing for competitive exam. Not only that, on asking about the cash of my parent’s bank account, he denied to show me anything about bank papers. Recently I came to know that he managed succession certificate (without any information to me) to get hold of those bank accounts. Now my question is, what should I do? Is there any legal provision in favour of me?
Ranjana Choudhury.
Rajendra K Goyal
(Expert) 30 May 2013
Since the land on which the house is situated / constructed is in the name of your brother,and even if the money was given by your father, your father had the right to do so as money was earned by him. I doubt you will succeed in your claim. Obtaining Succession certificate with out disclosing your entity is fraudulent act. Take the certified copy of the certificate and other documents and proceed as per the advise of a local lawyer. In case of Bank accounts it may be possible that your brother was a nominee. Please confirm all facts before proceeding.
Raj Kumar Makkad
(Expert) 30 May 2013
Even if your brother was nominee, he has not no legal right to retain entire proceeds of bank accounts with him. It is clear that his intention was bad since 1991.
Anyway, you cannot disturb the settled matter of house property which duly stands in the name of your brother but you can definitely file a criminal case and a civil case against your brother for cheating with you and court qua the succession certificate.
Had the bank nominated you brother, there was no no need of succession certificate. The banker had not issued the proceeds standing in the name of your father to your brother without succession certificate.
