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Fight for justice (manager)     19 January 2015

Guidance on my dues

My grandmother passed away 15 years ago. She had willed X rupees to my mother from her saving account. My uncle, who is executing my grandmother's will now, has given my mother X rupees but is refusing to pay the interest that would have incurred on that amount since my grandmother's death (and which we beleive he has used up). His claim is that my mother is only entitled for X rupees and he is not liable to pay interest on that amount because will execution was delayed (delay was mainly from his side). In our opinion, the funds were my mothers and he was holding them only in trust and therefore all benefits accrued on those funds (basically interest) would also belong to my mother (whereas he has actually enjoyed those benefits for last 15 years). Is our thinking correct or is my uncles? If we are correct, how can we claim that amount not given to my mother?



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     19 January 2015

No doubt your uncle has acted upon the contents of the Will, but he is wrong to say that he will not pay the interest at the nominal rate for 15 years or so which he has benefited so far.  You may take the help of a lawyer and file a suit claiming interest amount calculated accordingly.


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