No Will left by mother : urgent help needed

engineer

Hi My mom passed away without leaving any will. Now my younger brother is trying to take all money and property . We are 3 brother and father .my queries 1) property will go to whom? 2) in canara bank senior saving scheme and fixed deposit have my younger brother is nominee . Though my mom wanted it to share among all 4 of us. Is there anyway I can stop my brother taking away all money ?
 
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Retired employee.

The husband and her children are having an equal share in all properties.  A nomination is only for the Bank.  Your brother is just a trustee on behalf of the family.  You can file a partition suit for Rs.200/- court fee if all efforts for reconciliation within family fails.

 
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engineer

Can I have your number .its urgent . We can avail ur services
 
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Lawyer

Immdiately request the bank not to release money to your brother (nominee) till final decision of Court.

Consult, contact and engage a local prudent lawyer for filing a suit for partition, possession, damages, permanent and mandatory injunction against your brother. Seek a stay order during pendency of case form Civil Court through your lawyer (in the same suit).

All of you are co-sharer (equal) of the property left behind by your mother.

 
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engineer

We gave application to the bank. But my brother had some strong connections in bank so despite our application they release funds to his account .
 
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Retired employee.

Please do not bring bank into your family dispute.  The Banker is discharged from his obligation to settle the claim in the name of nominee  within the time frame fixed under citizen charter as per their statutory obligation.

You can raise the issue in your partition suit and his share will be reduced to that extent of other's shares.

 

 
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engineer

Ok got it. What about property . We have to leave for canada in 3 days. How to make sure he doesn�t take away the property as he is trying with means of succession certificate n other fraudulent things .?
 
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Retired employee.

  • Entrust this to Advocate for issuing a legal notice to your brother, and if possible ask him to get a temporary injunction restraining your brother in usurping the joint family property as his own.  It is not that easy to get succession certificate, as he has to mention a list of all legal heirs and co-sharers.   Even if entire property is changed in his name, he can never become an owner and till a partition is made, he can only be the holder of the property in his name as trustee for him and other co-sharers. What ever step he takes it may go against him and  he is liable for such criminal action.
 
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