Distribution of dues (receivables from late father's ofiice between siblings
Vinod Arya
(Querist) 09 March 2012
This query is : Resolved
Our case is as follows:
1. We are three brothers and one sister.
2. Eldest brother (35 yrs)is missing since 2009 (FIR lodged: Case Sub-judice). He is married(2006)and has a girl child of 3 yrs old.
3. I, the second brother, am also married.
4. Third brother is unmarried.
5. The only sister is also married.
6. Father died in 2010; the sister got job in his place on compassionate ground.
7. Mother died in 2010.
8. We expect to receive DUES of our father from our his workplace; Department is ready to give the dues by equally distributing the same among the four of us.
9. Each of us, however, is supposed to submit NOC/ Affidavit stating that we do not have any objection against each one us receiving his/her own share.
10. The share of my elder brother will be kept safe by the department till he is traced back or declared "Late"/ "Untraceable" by the Police.
9. By our verbal mutual agreement, our sister wants to submit NOC/affidavit stating that her share of the dues be distributed between the the two of us, the second and the third brother.
My Ist set of queries are:
1. Can that be legally done i.e. can my sister legally submit such an NOC or affidavit?
2. If yes, then
a. Can the department or the wife of my elder brother raise, in any form, any legal objection in my sister's doing so?
b. What are the things we should be careful while drafting such an affidavit?
c. What could be the most sound language for drafting such an affidavit / NOC? (Pointers)
3. If no, what could be the other possible ways so that the dues of the three of us are officially distributed between the two of us (of course, with the full consent of our sister who fully agrees for doing so for some specific reasons).
My second set of queries are:
4. Can the department held, IN ANYWAYS, the DUES with itself till my missing elder brother is traced back or declared "Late"/"Untraceable" by the Police?
5.Can the wife of my elder brother raise any legal objection seeking complete stay on the distribution of the DUES by the department, despite the fact that the department is ready to keep the share of my elder brother safe with itself till the case of his missing is Sub-judice.
Regards,
Vinod
Deepak Nair
(Expert) 10 March 2012
1. Yes. Your sister can do so.
2. She can give her share to anybody she likes at her own will. Nobody can object to that.
3. It is to be noted that the dues will be issued in the name of the nominee and thereafter it will be shared. The department in not under obligation to share the amount among you all.
4. The share of the missing elder brother can be issued to his legal representatives i.e. his wife/children.
To draft any such MOU or affidavit, get the professional services of a lawyer.
ajay sethi
(Expert) 10 March 2012
engage a local lawyer to draft affidavit .
your sister can give a nOC that she does not have any claim and that she has no obection that money be distributed among her brothers .
the department can pay your missing brother share to his wife .
Sankaranarayanan
(Expert) 10 March 2012
No more words need to add further. Already mr deepak explained well. So seek one local lawyer and do ti accordingfly
