Civil Procedure Code (CPC)

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Vish Rao   15 September 2021

Inheritance embezzlement

This is about my brother who lives in B'lore and I live in the US. My parents are no more and four years ago was when we lost our mother who was under my younger brother's care indirectly. She used to live in the same building but in her own rented space. My older sister lives in Mumbai. Well, the issue with him started approx year before my mother passed away when my brother forced my mother to part with all her savings by hoodwinking her into believing that he was onto something really very lucrative. We had no clue what he was getting into and my mother was shielding him from our questioning with the result that neither I nor my sister had a clue what was going on. I paid over Rs.15 lacs over the course of the last 10 yrs and everytime I asked my mother about it she would say she knows nothing about his investments. She doted on him very much and gave into his demands later. One fine day he just did not relish the idea of taking care of here and summarily threw her out of the house by forcibly admitting her to an ashram. That's when her health deteriorated and her parting words to my sister were that she basically betrayed her and me. Now I am clueless as to where all the inherited money is but he has the Will my mother left and he has acknowledged to me in an email. He and I are not on talking terms anymore and my sister has tried to reason with him but he never answers her calls. Do I have a case?

 2 Replies

G.L.N. Prasad (Retired employee.)     15 September 2021

A very difficult question and the answer is known to your brother and sister, as your mother has left a testament. You can request your sister who stays locally and inquire with your brother, the assets left by your parents. She can contact a local advocate with those details and can inform you about your rights if any on your parent's property if any.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     16 September 2021

You mention in your question "I am clueless as to where all the inherited money is but he has the Will my mother left and he has acknowledged to me in an email". Does it mean that your Mother wrote a Will mentioning your Younger Brother alone in the Will? And, you are mentioning inherited Money and at another place mentioning about Rs.15.00 lakhs sent by you over a period of time. It's a very difficult case. Through which mode you had sent you the money to your Mother? Maybe via account to the credit of her account. Was there any correspondence as to why you were sending that money to your Mother? Did you mention investing the amount and was there correspondence stating the same with your Mother and/or Younger Brother? If so, You can trace the remittances made by you and the credits made to her account, and the withdrawals. And, who withdrew the amounts. All this shall be quite difficult unless you file a suit against your Brother stating all the facts and alleging the misuse of the money sent by you. You may contact an able and reliable local Lawyer to examine the line of action after examining all the facts and suggest you further course of action.

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