nominee is trying to take away all rights!

Querist : Anonymous (Querist) 23 November 2010 This query is : Resolved
My husband expired last november leaving away all the assets nominating my step son. The company where he was working are not settling the dues and say that they will not settle it now. We have unpaid EMI's pending to be settled to the bank for mortgage of house. None of the dues have come. In the meantime, the step son has been given a job with the employer. He says that the loan would be settled by the employer. What role has the company to play in this personal matter? Could they have given him the employment in lieu of the terminal benefits of my late husband. In that case where is my share of dues? How do I claim my dues? The boy is not transparent and says that the employer has asked him not to reveal anything to me. The company has not even intimated to me or offered me any job. I am worried. This boy is playing hide and seek. The boy says he has a will. In the meantime, we have also entered into a mutual agreement which is notarised in which we have mentioned that all the assets have to be shared on a 50:50 basis. After entering into such an agreement, still can the boy go for a probate? I am moving with the concerned court for the Letter of Administration, but the boy is refusing to sign.

Please advise.

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mahendrakumar (Expert) 24 November 2010
nominee is only a trustee to hold for legal heirs.

if a settlement is not reached amicably, seek the help of a good lawyer locally.

s.subramanian (Expert) 24 November 2010
yes

Advocate. Arunagiri (Expert) 24 November 2010
Your case clearly shows that your step son is not transparent, Please take the help of the lawyer to protect your legal rights.

Querist : Anonymous (Querist) 25 November 2010
Thank you very much! I have already met an advocate who had registered my claim to the employer immediately after my husband's death; he has once again sent a notice asking them to settle the dues to both the legal heirs; I am quite concerned about the terminal benefits whether the employer would have bargained with the step son and offered him a job in lieu of the dues? Is it possible and in that case, how do I get my dues?

I also understand that when I file the Letter of Administration, the boy has to give a no-objection. Now that he is not willing to give the NOC, will the court pass an ex-partee order?

Please help!

Devajyoti Barman (Expert) 25 November 2010
If he does not give NOC then the court can grant you LoA in resopect of your share only.

Querist : Anonymous (Querist) 26 November 2010
Thank you! When we mention the assets and have to pay the stamp duty I have to pay the stamp duty for all the assets put together all alone when the boy is not ready to come forward. Then how come the court will grant LOA only for my share. Is it not that the administrator should claim all the assets and then divide it equally among all the heirs? Kindly clarify!

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