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balwinder s bains (Nil)     07 February 2012

Only one grandson's right in ancestral property

  1. Father dies of a kid aged about 4 years, (his father was the only son of his grandfather plus one surviving daughter.) Now the grandfather does not want to give any share from his ancestral property to this minor small kid. What remedy this child have to claim his share & who caan claim his share on his behalf?
  2. What is the remedy in case grandfather sells his property without giving the due right or share to this infant/kid?
  3. What is the remedy in case the grandfatther leaves registered Will  in favour of his only surviving daughter (bhua/Aunty) or her 2 childern & wife (grandmother)?
  4. Can  he claim his right to live in the house (self earned) of his grandfather as his mother living with him/kid in a rented house?
  5. Can both kid & his mother claim and force through legal recourse to allow them to live in his house. This house suppose 2/3 part rented out by GF? What is proper procedure &  sections of  law / IPC can come into force? & how?
  6. Can the kid & mother  ask and claim livlihood, study etc costs from grandfather in the abscence of his father?
  7. Incase GF denies the share to grandson - kid & mother , Can he be charged & tried under cruelty   treatment to them?    
  8. What the suggessions you can give & how you peeople can help this kid?
  9. This could go a great way  if few selfless gentllemen come forward & help him, This will be a great social cause.
  10. This is very serious human rights violation of a kid by his own grandparents & auunt (bhua & fufar)?
  11. PLEASE RESPOND ASAP, THIS IS A NOBEL CAUSE.   THANKS V MUCH & Best Regards.


Learning

 6 Replies

balwinder s bains (Nil)     12 February 2012

Strange enough, Not a single reply!!!!!

Why so???? 

Ajay (NOT APPLICABLE)     12 February 2012

Dear Balwinder,

I have full sympathy for the small, innocent kid.

 

Though I am not an Advocate, I am attaching herewith a Act known as

 

THE INDIAN SUCCESSION ACT, 1925 ACT No. 39 OF 1925

 

Kindly go through it with some patience and then prepare a note listing

 

useful Section / sub-sec and page Nos and then meet some good Advocate or

 

you can seek free legal aid from "Legal Aid Cell appointed by High Court at all Taluka / District Courts and get the guidance for the solution you are seeking!

 

Kindly download attached word file...

 

my blessing and love to all the aggrived peoples of the forum!!

 

with best regards,

 

Ajay - Gujarat

balwinder s bains (Nil)     12 February 2012

 

Thanks very much Ajay jee, Appreciate your effort.
In deed it is not mainly the money matter, but I was surprised to see that people even ignore to share their knowledge for good cause. As the one of the objective of this forum is to share knowledge.

1. I could not trace attachment can you please reconfirm if it is successfully attached.
2. Now one thing more his GF has withdrawn almost whole of the amount from one of the salary accounts using his father's ATM Card after about 40 days of death. He did not intimate to the bank about the death but secretly withdrew the amount. 
A. What is your first reaction and what could be the repercussions against this offence?
B. I have raised this query separately as well. As below: O course you can find it v much exhaustive!
Reproducing below.
==================================================== 
Dear Experts,
I have an important query for you please be kind to reply earliest possible at your convienance. 
1. Person owning ATM Card has died during the month of December 2011. The person carrying or holding this ATM Card after the death of owner (most probably any one in the family may be father, mother, married sister or her husband) never returned this ATM CARD to the concerned bank and also did not intimate about the death of the person. In stead during the month of Jan 2012 the salary of the expired person was credited to his account by his employer. The money amounting to Rupees above 16900/- (about seventeen thosand) was withdrawn thru ATM Card of the died person.
This was brought into the notice of Bank when noticed by third party that money has been withdrawn of a dead person misusing his ATM Card.
In this case what if a case under dowry & domestic violence ( IPC 498a & 506) is already live in the court filed by the wife of expired person?
She, his wife is not aware about this happening, Can, any time at any later stage if becomes aware of,she take a action or file a case with the police or ask the Bank to lodge FIR report against  the accused or user of ATM Card of her husband?  
In this case intentions are or may be to not to give the due  share of the wife and his minor son from this deposite being legal heirs?  
NOW THE Questions are; 
A. Does it bacome a criminial offence which needs to be reported to the police?
B. What if the ATM user is any among his relatives as mentioned above?
C. What if ATM misuser is his appointed nominee?  Was it fair & legal at his part to use ATM after the death without informing the bank?
D. Does it simply amounts to cheating, fraud, theft, misusing or breach of trust?
E. What are the specific & relevant IPC Sections attracted by this offence?  
F.Is this going to be a NBO/W (NON BAILABLE OFFENCE OR WARRANT)
G. How can the offender save him self from the criminal proceedings?
H. If his wife is not a nominee with the bank in this account / case, Does she have any right to approach bank or police to file a case or lodge FIR?
I. Can some one say me save my self by saying that this happened due to ignorance about to inform the Bank and not using ATM after death?
J. How can the offender save him self in this case beore lodging a report? By taking a plea that I was already nominee in this case?
K. Can by depositing back the amount in bank, he can be saved now?
 L. What in case father is nominee and he used this ATM Card after death of his son?
M. Now can the bank accept his plea and by saying that it was acceptable being authorised nominee?
N. Should bank or his wife must lodge FIR or report the matter to police? 
O. Will it be mandatory for the police to lodge FIR in casse his wife approaches police with application? Or can it be denied by police if Bank does not want to pursu the case?
P. Does the wife has any right in lodging FIR as she is not a authorised nominee?
Q. Wil or Is this a compoundable offence?  
R. Can this case in case get registerd with the ploice will also become a part of the ongoing case under ssec 498A, 506? Will it effect that case in any manner?  
Thanks & Best regards

Ajay (NOT APPLICABLE)     14 February 2012

Dear Balwinder,

In case of ATM Card related fraud, first the wife of your relative who was holding ATM Card should complaint to concerned Bank in "writing and duly getting acknowledgement of the written complaint," annexed with the proof of Death Certificate and relevant sucession certificate that the wife is a bonafide successor of the deseased person....

Wait for the Bank's "reply in writing" as such frauds are normally very difficult to track & prove, therefore merely on doubts we can not take legal recourse against anyone....you have to have a rock solid proof first and then move ahead.....In valid fraud cases, Bank will make good the losses suffered by an ATM holder in 99% of cases !! For additional safeguard, you can send copies of your complaint to higher authorities of Bank so that local staff will expedite the matter !! 

Seeking Legal recourse in every matter is NOT a right strategy, as it is normally very expensive, takes lots of time, energy and efforts and very long periods (some time 10 to 20 years) of time taken under the present state of Indian Legal System for getting the expected outcome, therefore you must find faster and relaiable alternatives if any available to you to solve your problems in a least expensive manner !! Filing a court case without solid ground and without effective presentation of the case will be like double eaged sword...so be very cautious while filing any court case without proper ground or solid preparation....

My e-mail ID is : ajaybrahmbhatt@gmail.com, send me a mail, I will send you a copy of SUCCESSION ACT...

with regards,

Ajay Brahmbhatt

 

 

 

 

1 Like

balwinder s bains (Nil)     15 February 2012

Thanks very much for your valued advise. I whole heartedly appreciate it.

 

I down loaded from SC web site but have not gone through it properly, Placed below is extract from the 1t page. Pls see if it is the one you are advising. 
If yes than I have this copy just advise me the relevant section to be referred.;
================================================
Extract; 
VOL. VIII-B 53 THE INDIAN SUCCESSION ACT, 1925 ACT No. 39 OF 1925 1* [30th September, 1925.] An Act to consolidate the law applicable to intestate and testamentary succession 2*; WHEREAS it is expedient to consolidate the law applicable to intestate and testamentary succession 2*; It is hereby enacted as follows:-- PART I PRELIMINARY PART I PRELIMINARY 1. Short title. 1. Short title.-This Act may be called the Indian Succession Act, 1925. 2. Definitions. 2. Definitions
========================================

My e mail id is jayjeebains@yahoo.com

=========================================

Best regards & Thanks again.


Chaitanya_Lawyer_Mumbai (Lawyer)     15 February 2012

Kid & his mother has share in Ancestral property.whatever share GF has,it will be divided in 2 equal parts,

deceased father & his sister.

share of deceased father will go to his son & wife equally.

file a partition suit in court.

GF is supposed to maintain kid till such partition.


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