Family law matter
Sweety
(Querist) 16 December 2013
This query is : Resolved
Hi,
One of my client A, is 74 years old, her spouse B died 3 years back, have two daughters, elder one C is a divorcee with a kid and younger one D is married to a muslim 2 years back and also converted herself into a muslim.
B was against D's marriage and so as A. However, after B's death, D emotionally pressurised A for her marriage and Nikah was solmenised with family permission. immediately after Nikah, D started demanding money out of B's share and is still demanding 1/3rd share in the property of B. D has also blocked few bank accounts and securities accounts where D is a joint holder.
D has also taken away without the knowledge of A and C the flat agreement where A and C are staying. After B's death, D has signed a release deed for transferring the flat in the name of A and C. However, D is now claiming that A and C have forcibly made D sign the release deed which is already registered.
Last year, A, C and D have jointly booked a flat. After booking the flat all the above problems as in blocking of bank accounts etc. happened.
Now, A shocked by the above actions of D, wants to remove her name from all the bank accounts, securities account, flat etc.
But, D has sent legal notice in the name of A and C asking for her 1/3rd share in all the properties.
Kindly suggest appropriate action in the mentioned scenario.
Nadeem Qureshi
(Expert) 16 December 2013
it will be better to contact a lawyer personally.
Devajyoti Barman
(Expert) 16 December 2013
Are you an advocate and how long have you been practicing?
You have posted many professional queries before.
Sweety
(Querist) 17 December 2013
i am a lawyer, handling family matter for the first time.. pl advice
Rajendra K Goyal
(Expert) 17 December 2013
Contact some senior lawyer and show him all the documents.
In accounts where D is a joint account holder, her name can not be deleted without her consent. If operation is Either or survivor, balance living minimum can be withdrawn.
First where the name of D does not exist as joint owner, the property should be transferred as per wish. For joint property, try to have amicable solution.
Rajendra K Goyal
(Expert) 17 December 2013
Contact some senior lawyer and show him all the documents.
In accounts where D is a joint account holder, her name can not be deleted without her consent. If operation is Either or survivor, balance living minimum can be withdrawn.
First where the name of D does not exist as joint owner, the property should be transferred as per wish. For joint property, try to have amicable solution.
ajay sethi
(Expert) 17 December 2013
who is owner of flat ? were A and B joint owners of flat?
A can move senior citizen tribunal against D if flat papers have been forcibly taken away By D . also can lodge police complaint against D .
A can also make will bequeathing hi share of property to C
T. Kalaiselvan, Advocate
(Expert) 18 December 2013
D's share in the property on the basis of forcible release deed can be negatived by proving that D has already taken B's FD amount fully as her share hence had given a release deed to that effect, about the sale deed document, while obtaining a certified copy lodge a complaint with the police about this.
Sweety
(Querist) 18 December 2013
FIR has already been lodged by A, stating D has forcibly taken away flat agreement. Flat was in the name of B, which after the death of B, got transferred in the name of A and C, D has signed release deed.
Pl suggest under which section suit can be filed.
V R SHROFF
(Expert) 18 December 2013
consult Sr Adv of ur Bar.
ajay sethi
(Expert) 18 December 2013
reply to legal notice . mention about release deed having been executed by D . contact local lawyer .
Devajyoti Barman
(Expert) 18 December 2013
you better take help of your experienced colleague.
Sweety
(Querist) 18 December 2013
Thnx.. senior citizen suit can be filed where in mumbai
