25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

KT (Director)     19 December 2009

Daughter right in the father asset

Dear Sir

I need help. My father died last year. He was a very rich man and quite a few properties and assets including cash. We are three sisters and one brother. I couldnt attend the funeral since I was abroad. I came back to India after 6 months of the death and went to meet my mother and brother. unfortunately none of my brother and sister has informed me about any sharing of the properties. Now I hear that there was a will also made but I was never told.

How can I get to the truth. Meanwhile brother also made himself joint account holder with one of my joint account earlier between me and my father. He hold all the papers including passbook etc prior to marriage and has not informed any thing. I am married, educated and have 3 kids.

Please advise and show me a path

Thanks and best regards

KT



Learning

 14 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 December 2009

 You can get the details of the immovable properties by taking out the property extracts from the revenue authorities.  If your father has made a WILL and the property is his self acquired property, then it shall devolve as per the WILL. Else you are an equal sharer along with your brother and sisters.  If you want your share seperated, you'll have to file a suit for partition.

KT (Director)     19 December 2009

Dear Archana
 
Thanks for your response. Could you let me know the estimate charges of a lawyer
 
Is it possible to send partinition notice and challenge my brother for disclosing the will or acquired properties and assets from my father before and after the death.
 
regards
 
Kt

rajkumar.vnm.marupeddi (advocate)     20 December 2009

Firstly, you should issue a legal notice, informing your intention for partition of the properties to other legal heirs. If you receive any reply from their end, alleging that your father executed a WILL, bequeathing his estate to them, disinheriting you in the said WILL,   you again issue another legal notice, demanding them to send Attested Xerox copy of alleged WILL. Mere execution of WILL is not sufficient, but the same shall be executed by the testator in a sound and disposing state of mind in presence of two competent witnesses who shall also attest the WILL. You did not state how your father died. If he was not hale and healthy for a longer period or if he was not in sound and disposing state of mind at the time of alleged date of execution of the WILL, the said WILL is not legally valid. If your brothers do not send the Xerox Copy of the WILL, you can initiate legal proceedings before appropriate Court having competent jurisdiction, seeking for the relief of partition of your father’s estate. It is most advisable to inform the concerned Banks to immediately stop the operation of the Joint Account. You can issue a legal notice to your brothers, demanding them to return your Pass Port and other papers. If they fail to comply with your request, you can issue a paper publication, intimating the general public not to deal with your brothers in respect of your father’s estate and your papers and Bank transactions. You can lodge a complaint with police department for relief. if the Police fail to take any action, you are entitled to file a private complaint before Criminal Court for action.

Manoj Kumar Mallia M. (Lawyer)     20 December 2009

Ya, I Fully agree with Adv. Raj Kumar Sir

KT (Director)     20 December 2009

Thanks Raj

Just to add a bit of complexity..

1. .my brother took lot of cash from my father before he died to make a property in his name. Can i challenge the same and look for what my father gave it him in last five years. The intention is see if he has already taken the major part of cash and assets with him. My mother is fully dependent on him and doesnt challenge that.

2. It also seem that he had a blank sign on a stamp paper and he made the WIll later. Can that also be challenged and proved in the court.

KT

rajkumar.vnm.marupeddi (advocate)     20 December 2009

If you are able prove that your brother had no independent source of income and that with the aid and assistance of the funds supplied by your father, your brother purchased  said property in his name, you can challenge the same in a court of law on the ground that the property is joint family property. Though your mother may be dependant on him and she doesn’t challenge same, there will be no legal hurdle to you to seek for the partition of the said property as you are entitled equal share in it as per the provisions of Hindu Succession Act.

2. Though a WILL was set up with the help of  blank paper with your father’s signs, it wont be of any use. But, the malafide intention of your brother by making use of the said blank signed paper needs to be proved by adducing evidence under what circumstances, the signs were obtained on Blank Paper. The said WILL can be challenged and  disproved in a Court of Law, by adducing evidence sufficient to prove that your father had no intention to execute the said WILL. The evidence of attestors needs to be shaked and disproved also.  It all depends on the mental condition, health condition, necessity and other  discrepancies in contents of the WILL that is fabricated by your brother

KT (Director)     20 December 2009

Thanks Raj

It really helps. How shold I go about this. I am quite unfamilier with the system and would like to have the justice in most efficient fashion. The first question is

1. Should I hire a lawyer in Jabalpur where my parent/brother is or I can hire a lawyer from Mumbai also where I am staying currently.

2. Can I directly file a petition in Jabalpur civil court or I can do the same in Mumbai also....

3.I understand the first step is to challenge on his acquiring all the asset from the father and not sharing or informaing anything. The malafide intention of WILL will come later once more detailed enquiry is done.

Regards

 

krantiveer (Advocate)     11 January 2010

Since you are a legal heir you have equal rights, and there are plenty of legal options provided you have the time and patience. You should also be ready to spend liberally to get justice and get proper guidance from a senior lawyer.

girishankar (manager)     12 January 2010

Dear Sir Can tell me approxx: how much a senior Lawyer will charge for Case.

Just like Mr.Shanthi Bushan, Nariman, Ramjathmalani,and etc: and how to contact them

Iam not only for Cases but to get  Justice...... OOnly like this Big shots can do it...

girishankar (manager)     12 January 2010

Iam not only asking for Cases but to get  Justice...... OOnly like this Big shots can do it... from Corrupted Judis

girishankar (manager)     12 January 2010

Dear KT

As u r married, educated and have 3 kids.and well settled abroad.. U should hav got lot of asserts and other things from Ur father...Please dont uneessarily fight for rights... it will be Just like buying a Picture of Monolisa by means of selling Ur beautifull eyes....Its Life which will be lost.....its a fathers advice

KT (Director)     12 January 2010

Dear Grishankarjee

I asked for legal opinion and not philosophical .....keep that with you..

 

girishankar (manager)     12 January 2010

Sorry Dear KT If I would hav hurt U I feel realy for sorry ..........I shared my experience thats all.

girishankar (manager)     12 January 2010

I think philosophical comes out of from experience


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query