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Jyoti (Associate)     21 February 2014

Agreement letter

My father had a shop in his name. He expired one year ago. The original agreement papers was given to my  eldest sister to keep it with her for safety. Please let me know, can she mortgage the same for her personal use  or if she can misuse it in any other way?



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 3 Replies

adv.raghavan (Advocate,9444674980)     21 February 2014

No she cannot., even if she tries it will be a futile exercise.

Jyoti (Associate)     21 February 2014

My dad did not have any pension or any other income. but he has a shop which was rented 

My dad also had opened a joint account with her and one of my brother. The rent as well as the security deposit of Rs. 1,00,000 of the tenant was deposited in the said joint account . As my dad was sick and could go to the bank or operate the account she used to operate the same for him. The tenant has not paid the rent since 8months saying that I don't know whom to pay. We all want to sell the shop and distribute equall among ourselves. But before that we need to pay back the deposit.

Now since my dad has expired can I ask her about the balance in the account.if yes, what if she disagrees to show us the account? what if she has tranfered all the money of my dad to her personal account or has done the FD for her self? My sister says that the security deposit was exhaust towards his medical expense of my dad. but she is not wilig to show us any proof. She has even written off my dads name from the accout after his death without our concern. Do you think she should have sort concern from us as we are also dads children? How do you think we should pay the deposit amount

Jyoti (Associate)     21 February 2014

My dad did not have any pension or any other income, but he has a shop which is rented  .

My dad also had opened a joint account with my sister and one of my brother. The rent as well as the security deposit of Rs. 1,00,000 of the tenant was deposited in the said joint account . As my dad was sick and could not go to the bank or operate the account, she used to operate the same for him. The tenant has not paid the rent since 8months saying that "I don't know whom to pay" and nobody is willing to suggest a name. We all want to sell the shop and distribute equally among ourselves. But before that we need to pay back the deposit.

Now since my dad has expired can I ask her about the balance in the account. If yes, what if she disagrees to show us the account? what if she has tranfered all the money of my dad to her personal account or has done the FD for her self? My sister says that the security deposit was exhaust towards his medical expense of my dad. but she is not willig to show us any proof. She has even written off my dads name from the accout after his death without our concern. Do you think she should have sort concern from us as we are also dads children? How do you think we should pay the deposit amount?


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