Father property share
Monika
(Querist) 24 November 2015
This query is : Resolved
All respected Lawyers ,
Please suggest following
1. We are two sister& mother after my father passed away and due to dispute by my younger sister , i call for 1/3 share of property in dehradun
2.In suit my mother reply in honable court for that i will able to get only 1/6 as she was false say she was help my father for purchase land and construction ,but originally my father is govt servant and he taken loan from pf and sbi bank and also house is in the name of my father and my mother is house wife for long and she are uneducated
what as per u my share is 1/3 or 1/6
also second question are my father was handicapped and due to in all bank i was add joint name of my mother and sister as my mother was unfit not medically but all knows her condition
1. i calm for my 1/3 share from bank and bank reply after my father death nobody deposit my father death certificate in bank and in my father account deposit sum of my mother and sister ,make different fd by their name and after suit she collapse all fd
as per u what i will get 1/3 or 1/6
Monika
(Querist) 24 November 2015
also IS it not crime after death of my father ,they are not deposit my father death certificate and my father savings or deposit money they deposit in any shape with wrong intentions
Kumar Doab
(Expert) 24 November 2015
What is the opinion of your own lawyer?
You may draft the query properly so that clear meaning can be understood.
It is felt that such query has been discussed earlier.
The suit has been filed and now the court shall decide on merits.
The latest Supreme Court of India judgment deciding that father and daughter shall be alive for partition/share may get cited.
As per your claim the property is self earned by your father hence you may have 1/3rd share.
Regarding the funds in bank a/c as on death of father: the share of father shall be paid by the bank to nominee(s) if there was valid nomination.
Yo have a share that you can claim from nominee (s) that has/have collected the payment from bank.
If the nominee(s) have obtained FDR's from funds you can stake a claim from it and obtain court order restraining the bank from making premature payment of FDR's.
Otherwise the cash vanishes fast.
Monika
(Querist) 24 November 2015
sir,
my father was handicapped due to when i was beachular i made fd jointly (father mother name ) and nomination we both sister 50/50 nominee
but after my father death ,they were not deposit death certificate in bank and my younger sister withdraw all amount with the help of or signature of my mother and reinvest or make all fdr by mother name and in nominee my younger sister name ,what i should do or is any of share i can clam
Monika
(Querist) 24 November 2015
sir,
my father was handicapped due to when i was beachular i made fd jointly (father mother name ) and nomination we both sister 50/50 nominee
but after my father death ,they were not deposit death certificate in bank and my younger sister withdraw all amount with the help of or signature of my mother and reinvest or make all fdr by mother name and in nominee my younger sister name ,what i should do or is any of share i can clam
Kumar Doab
(Expert) 24 November 2015
English is not our language and is a foreign language. You may take someone's help to draft your posts properly. Thus it can be properly understood by many who read and like to post.This shall benefit you.
It is not clear what exactly you mean when you write that:
"my father was handicapped due to when i was beachular i made fd jointly (father mother name ) and nomination we both sister 50/50 nominee
but after my father death ,they were not deposit death certificate in bank and my younger sister withdraw all amount with the help of or signature of my mother and reinvest or make all fdr by mother name and in nominee my younger sister name ,what i should do or is any of share i can clam"
Do you mean that you paid the money for FDR to be created in the joint name of your handicapped father and mother.
Did you pay by cheque? What is the evidence that you have?
The bank is not concerned at the time of payment, if you have paid the money!
The bank shall make the payment to owners or nominee(s) or legal heir(s) or successors.
If the death certificate was not deposited and other formalities were not completed then bank can't pay the funds held in FDR's of your dead father.
You need to inquire from Bank alone in person, thru your lawyer, or thru RTI or thru intervention of senior officers like Circle head/Chairman etc or thru RBI or thru Court of law that how and when on the basis of what documents payment was made to whom?
If something fishy has happened that violates set rules then you can lodge complaint with vigilance cell, CVO and RBI, police, court of law.
If your sister has forged the signature even then without personal appearance, and satisfaction of competent bank official payment can not be made to nominee.
If the nomination was 50:50 then your sister can not get more than 50% of amount/share of your father.
If you are unable to handle on your own, then you may seek the help of a seasoned counsel specializing in
banking/consumer/civil/criminal matters.
Beyond this I have nothing more to add.
Rajendra K Goyal
(Expert) 24 November 2015
You have share in the property.
For FD, the Bank must have released the payment in favor of the joint holder (due to mandate i.e. Either or survivor or both of survivor, former or survivor) nomination would come in picture after both account holders. You have a claim from nominee if the payment was released to nominee which was not so.
Practically it would be difficult to prove that the money belonged to your father only.
For Income Tax purpose (TDS deduction) the Bank deduct TDS from first person of joint account holder.
