Dear Experts,
I am the eldest daughter of my father, having two younger brothers and one younger sister. My father inherited some landed property in Uttrakhand from my grand father (Grand father had willed the property to his only son i.e. my father). The entire property was created by my grand father. My father alongwith my brothers sold off that property and distributed the amount between three of them without giving anything to us (both sisters). From this money my father purchased a house in Haridwar in the name of his two sons. He stayed in that house till his death along with his mother (my grand mother, who passed away last year ), my mother ( who passed away four years back) and my youngest brother. My two brothers also purchased properties in their individual names out of the money which they got as their share.
My father, after the death of my mother and after having some differences with his sons, gave us one plot of land in Uttrakhand thorough a power of attorney. Though the differences continued and my brothers stopped looking after my father, we still managed my younger brother to stay with him and my father was looked after by one maid hired by him.
My father passed away recently. He has left some money in his bank accounts and he was also maintaining some lockers in the banks. As per our knowledge he has left no Will. My questions are?
1. Do we sisters have any share in the money that my father has left in his bank accounts and lockers? What if he has done nomination for his bank accounts and lockers? If yes, how do we proceed?
2. Do we have any claim in the house, which my father has bought out of the sale proceeds of the inherited property, in the name of my brothers?, if yes then how do we proceed?
3. Do we have any claim in the properties purchased by my brothers out of the money which they received after selling the inherited property? If yes how do we proceed? Since the properties are located at various places in Uttrakhand and UP.
4. We have been told by my brothers that the plot which was given to us by my father through a power of attorney, has been sold by them. On questioning they say that the GPA was changed by my father in their name. ( Though we were never informend of this). Can we stake claim to the entire proceeds of the sale of this plot? or can the entire transection be nullified? If yes, how do we proceed?
5. Do my brothers need to take legal heir certificate to claim the amount in my fathers accounts? What if there is a valid nomination? If yes, will they need to take a NOC from us or not? Do we need to file some kind of caveat in the court or with the bank to ensure that we get our share from at least what is left?
6. My father also had a rented property, which was originally rented by my grand father and later on the tenentship was transferred to my father. My younger brother is doing business there. Now after the death of my father, is he liable to vacate that property? If not can we sisters also stake claim in that property? if yes how do we proceed? ( This property has been with our family for more than 50 years.
I do not find talking to my brothers at this stage will be of any use, since they have always been very cunning in hiding the property matters from us. If we are able to show some legal standing, then we can expect them to come for some reconciliation.
Thanks
Mrs. Sharma
