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Vasant Bagwe   18 September 2021

Original documents missing

All the original documents of deceased person i.e. Pan Card, Aadhar Card, Mobile, Bank Pass books, ATM cards, Passport, Ration Card are taken away by deceased person's first wife married daughters. First Wife's Daughters and their husbands not giving willing me to handover those original documents and denying those papers are with them only.  First Wife's married daughters denying property rights as well as money deposits in bank to their step mother (legal 2nd wife of deceased person). Deceased person purchased a flat jointly with his 2nd wife.  Now 2nd wife is the owner of this flat, but first wife's daughters wanted her to leave the house immediately saying that the said property belongs to them only.  In this case 2nd wife do not have original documents with her as well as its photocopies and details of the documents.  She is unable to carry her further legal activities without them. Should she file NC for loss of original documents to nearby police station mentioning above document list as her husband is expired and she could not find original papers kept by her husband so therefore it has been lost. How useful it will be for her? I request experts to guide me in this regard.


 3 Replies

Shashi Dhara   18 September 2021

Take certified copy of flat in SRO with that file civil case in civil court ,second wife is entitled for half +share and first wifes children's will inherit remaining.

Vasant Bagwe   18 September 2021

Thanks Shashi sir for replying me. Still he question remains for other originals i.e. PAN Card, Aadhar Card, Ration Card, ATM cards, Passport, bank pass books, Mobile (through which daughters are carrying online bank transactions and withdrawing money from bank without my knowledge. Please let me know how should I obtain those originals or please in fine me solution. Thanks.

Shashi Dhara   18 September 2021

You have to take stay in civil court ,until the suit is decided .

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