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leela   12 March 2017

Husbands property being grabbed by his sister

My husband age 61 yrs, who was living with me at my place for 35yrs, expired recently due to not getting timely treatment as he mysteriously fell at his flat where his sister was forcefully staying last 10yrs, the night he fell he was not attended nor I was informed when I called at night I was told he slept, next day they informed me he was unconscious. When I rushed to take him they removed his gold ( photos proof) which he always wore, and the most important bunch of keys, as documents were kept in his house in a cupboard there, And after 5 days in hospital and brain surgery he expired, we did all the treatment, and his sister hardly visited, the reason he was not attended to was that he had property in his name which his mother had willed saying if he expires 100% of it will go to his sister.as she disliked me being married previosly with 3 kids, none were his, If he sells then 20.75% would go to his sister, and 79.25% would be his. His sister harassed him since 2007 by coming and staying in his flat, which was mostly vacant as he lived with me , they fought a lot. In 2009 To vacate the flat immediately she asked him to give half of the shop which was on rent & land and increased her share to 37.5% from 20.75% to which my husband agreed so that the WILL would be null they signed a mou with 10 witness. Even after the shop transfer she did not vacate the flat. My husband was in severe depression and Now since my husband expired his sister has put claims to all his properties saying he was a bachelor and lived with her and she has all original documents with her, (as she had taken away his keys when he fell there, she got access to it). I have enough photograph proofs and adhaar card and driving license mentioning as his wife, also in a couple of banks he mentioned my name as nominee besides 2 insurance companies too im the nominee. His sister continues to harass us with her son in law, and has blocked even the bank from transferring the money saying we need to get more proof., though he mentioned me as nominee.

 



Learning

 7 Replies

Kumar Doab (FIN)     12 March 2017

If you are Nominee: The bank is under obligation to pay you.

Submit claim under proper acknowledgment.

 

 

 

 

1 Like

Kumar Doab (FIN)     12 March 2017

Refer: RBI Master Cicular on Customer Services; Section 19 & 20.

https://www.rbi.org.in/Scripts/BS_ViewMasCirculardetails.aspx?id=9008

https://rbidocs.rbi.org.in/rdocs/notification/PDFs/72MC010714CS.pdf  

 

1 Like

Kumar Doab (FIN)     12 March 2017

Is mother of deceased (your husband) that has signed a WILL alive or not?

The property ( assets/estate) is at which location?

 

1 Like

(Guest)

If he did not make will - Longer the battle.

If he made will - still battle in court is inevitable.  Best is to settle matter amicably with opposite party.  This is wrt property.

1 Like

leela   13 March 2017

my husbands mother has expired in 2003, she had willed 20.75% of the property to her daughter, and 79.25% to her son, ie my husband, but he did not transfer it on his name some of the properties, the will stated that if he too expired then 100% would go to his sister, to get out of this mess a MOU was agreed upon in 2009, where the sister increased her stake to 37.5% and my husband came down to 62.5% so that she vacates the flat immediately after the transfer she was forcibly staying in , even though they took over the shop they refused to vacate the flat since 2009 ,  now in feb 2017 mu husband too expired without will and i have only adhaar card as his wife and few insurance docs where he named me as nominee. but the sister has grabbed all the documents as she was staying in the flat there, and claims to be the absolute owner of all the properties 

Kumar Doab (FIN)     13 March 2017

The property is at which location?

At presidential towns it is mandatory to probate the WILL.

The WILL is registered?

The last wish of testator in (valid) WILL is supreme.

Was deceased Hindu; Confirm?

Did your 2nd husband adopt your children from 1st marriage?

Kumar Doab (FIN)     13 March 2017

As per contents of the WILL posted by you: there is Nothing for you in it.

 

It has become known that WILL exists.

The WILL is to be submitted to be acted upon (without any cloud on it).

The owners of property can engage themselves in any agreement/dispsosal by a valid deed. The signatory to MoU i.e; your husband is dead. The terms of MoU have not been complied with ( as per you).

35 years is a long period of stay and you seem to have some corrobarting documents.

Stake your claim as Nominee ( and wife wherever required)  in estate of your husband.

If his estate is forcibly occupied get it vacated/evicted, as his legal heir.

Your children from 1st marriage may have NO share in estate of your 2nd husband.


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