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sidharth (na)     06 September 2015

Case by one heir for not receiving her share

When my father passed away, there was a FD with me as nominee. Bank told me that they would release the amount to my account when the FD gets matured which was 2 years from the year my father passed away. After 2 years, the FD was closed and credited to my account. We are 5 heirs, my mother, myself, sisters and my grandmother. I paid my grandmother her share in the same month I received the money and rest to my mother. Now after 7 years, my grandmother has filed a case that she never received her share and she wants her share and the interest on the amount for 7 years, bank has held the money in my account. I have bank statement showing several ATM withdrawals around the date the amount was credited to my account. Will this be proof that I have paid her? Will I have to pay her again?



Learning

 3 Replies

Kumar Doab (FIN)     06 September 2015

You would need to provide evidence that amounts were paid to Grandmother.

Sisters are also eligible for equal share.

Adv. Digvijay R Singh (ADVOCATE-PRACTICING)     06 September 2015

very strong evidence would be required to prove the cash payments...

sidharth (na)     08 September 2015

what would suffice as evidence, I dont have any written statement from her of receiving the amount. I give her money for her expense otherwise as well but never used to get any receipt from her each time. I only have amount withdrawal from the ATM on and around the date when the FD was creditted to my account. Nobody else has any concers, sisters and myself voluntary gave off our share to my mother. 


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