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swathi kh (manager)     17 December 2011

Advise required

 

Dear Sir, this is an issue related to our property, which was pending since last 12 years in the court of law and recently a judgment has been passed. The property was got by grandfather in a tribunal settlement and remained undivided for long time. My grandfather had four children for which the property had to be divided. In the last decade the issue had arisen when my father’s brother expired and she wanted a share in the property. Initially there was a family arrangement kind of thing decided among seniors in the family community as a panchyath for which it was decided some of cash amount of the value property to be given to my mother in law and rest divide the property among the three children and grandmother for which see had not agreed upon and approached the court for an amicable settlement as a lone plaintiff. Whereas we the other three defendant where on the opposite side. Initially the lawyer contended in favor of three of us on behalf us, since we stayed away from the Mangalore we had submitted a power of attorney to one of my cousin and vakalath to the lawyer to represent us  ... latter as the days passed by he had created a grandmothers will drafted by him in favor of one of the defendant in our group making him the lone single beneficiary i.e. 75% in the property rights bequthing some of the share in the property of the deceased son. The way the representation of case was done like we were kept a joker/using us for the purpose of case all the time. When approached to the lawyer, the lawyer has asked us to file a appeal to up hold the family agreement.  I feel the lawyer is at the fault for not keeping us informed on various issue and also creating a will which favored one single person. Inrespect to this issue I would like to clarify my stand to how we stand a chance of retaining equal share in the property.



Learning

 1 Replies

Nariman Bhote (Proprietor)     18 December 2011

Sir,

My younger brother died on 28th Feb 2011, at Coimbatore.  He was a Doctor with KG Hospital, at Coimbatore for the past 23 years, being head of the blood transfussion dept and died due to ill health and organ failure, while on duty.

He had nominated me in his Providend Fund A/C, to receive all moneys due, in event of his death.

The hospital forwarded all the relevant papers to the PF dept, in Coimbatore, to help me claim the amount due and I also submitted my details, including proof of my indentity/residence, etc.  I live in Mumbai. Both my parents are dead long ago (mother in 1982 & father in 1984). I have one sister (elder to me, living with her husband & family in Mumbai). My brother who expired, was a bachelor all his life and had never married or had any other dependants, whatsoever and no property in his name, or anything.  He died at age 54.

The PF dept has not yet (its over 9 months now) settled my claim.  They have returned the papers to the hospital (his employer), stating they require a legal heir certificate.  I had also provided a copy of the legal heir certificate (which in 1984 I obtained from Coimbatore Tasildar's Office, after my parents died), stating that only us 3 childeren, were the legal heirs.  In spite of this they now want and insist on a legal heir certificate to be obtained for my brother.

I do not understand the logic -- when a person has specifically nominated someone to receive the share/amounts due in a particular case, why they insist on a legal heir certificate now?  What is the purpose of nomination, (if this be the case), be it in any matter?  As far as I understand, you can nominate any person (not just a blood relation) to receive your largesse...be it your bank balance, fixed deposits, property or any any matter...

I request you to please help and advise, what I should do in this matter?  Is it necessary, in the 1st place to produce a legal heir/succession certificate, when you are already named the nominee ?

If so, then how do I go about obtaining this certificate.  As I mentioned earlier, I live in Mumbai and ther is no one now in Coimbatore.  Pls advise and help.  Many thanks,

Nariman Bhote


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