Inheritance of fds and real estate
Rishi
(Querist) 21 April 2012
This query is : Resolved
My father had deposited his retirement fund in Fixed Deposits jointly with my mother. After his passing away, we got our sister's name included on the FDs as she was not working at that time and was the right person to manage the account jointly with my mother. Now, with my mother's support, my sister (who is still unmarried) claims all the rights over FDs and wants to misuse the fund.
I want to know if I can prevent this misuse by claiming my rights over the FDs. Particularly my sister, wants to usurp all the money and properties (which are on my mother's name) by taking my mother in her favor. In absence of a legal will from my father, do I have legal rights over the property, that originally belonged to my father but is currently on my mother's/ sister's name?
Shonee Kapoor
(Expert) 21 April 2012
The query is incomplete.
1. When the name of your sister was added, did others signed any relinquishment deed?
2. If no relinquishment deed is signed, then you can litigate the issue again.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rishi
(Querist) 22 April 2012
No relinquishment deed was signed. Thanks. Can my mother transfer or sell the flat that my father bought on her name freely or I can claim my rights over that property as well? My mother was never a working woman and hasn't paid for the flat but as my sister is insisting now, she wants to sell the flat and give the money to my sister.
There are no legal deeds signed anytime before/after my father's demise. Everything has been happening in good family spirit so far but things are taking a different turn with my sister thinking differently. Please let me know what other facts you require to advice.
Rishi
(Querist) 24 April 2012
I thought this forum was full of legal experts and was hoping to get a response indicating the provisions, we have in law, to safeguard my interest and suggestions on what my course of action should be.
Has this forum become inactive or people are just too busy to help the community?
ajay sethi
(Expert) 24 April 2012
if flat bought in name of your mother she is legal owner of the flat . she can sell dispose said flat .
as far as fixed depositsare concerned if fixedd deposits are jointly owned by your father / mother on your father demise all legal heirs have share . . bank must have insisted on NOC from other legal heirs before transferring FD in your ister name as joint owner .
Rishi
(Querist) 25 April 2012
understood about the flat. Thanks!
As far as FDs are concerned, my father was the primary owner and mother secondary. After my father, my mother became the sole owner and we got our sister's name included after a couple of years..but NOC was not signed (banks did not ask for it). If I can, how do I go about litigating the issue? I think a legal notice sent to my sister and a copy to bank would not suffice.
