FIIXED DEPOSIT
neshesh agarwal
(Querist) 18 August 2009
This query is : Resolved
DEAR SIR,
I AM A INDUSTRIAL CONSULTANT AND THIS IS A QUERY ON MY GOOD FINANCIAL STATUS CLEINT:
1. HIS MAJOR DAUGHTER WELL QUALIFIED HAD DONE MARRIAGE WIHOUT PARENTS CONSENT WITH A LOWER CASTE BOY WHICH IS UNEMPLOYED AND DOES NOT HAVE ANY TECHNICAL QUALIFICATION. MY CLEINT HAD MADE FIXED DEPOSITES IN HER NAME OF 3 LAKHS WHEN SHE WAS MAJOR. HIS DAUGHTER HAD TAKEN THOSE FIXED DEPOSITS, MOTHERS JEWELLERY AND CASH FROM HOME. MY CEINT IN THE PRESENT STATUS DOES NOT WISH TO MAKE THOSE F.D.R. CLEARED THROUGH BANK. CAN U PLEASE SUGGEST US THAT CAN BE DONE SO THAT BANK DOES NOT RRELEASE THAT MONEY. FURTHER IS THERE IS ANY RIGHT IN FAHERS OWNED PROPERTY.
A V Vishal
(Expert) 18 August 2009
Unfortunately, there is no remedy in law from stopping your client's daughter from encashing the FDR's held in her name, moreover she is a major. As far as the cash and jewellary is concerned, they can be recovered provided your client is ready to file a complaint with the police regarding theft of jewellary and cash which are his wife's and his own property. Further, if the property is your client's self acquired then he can alienate and disinherit his daughter from claiming his movable and immovable property after his death by executing a will.
Y V Vishweshwar Rao
(Expert) 19 August 2009
I agree with the Opinion of the Mr Vishal!
The Property of father and Jewelery of mother are concnered , the opinion of Mr Vishal is correct !
The Nature of FDR in the name of the Daughter to be cosnidered . Daughter had no income to make FDR of 3-00 lakhs . The amount belogns to father, father made the FDR ,Gift is not declared in favour of daughter, the daughter is holding the amount of her father in her name- in the shape of FDR.
neshesh agarwal
(Querist) 19 August 2009
SIR,
THANKS FOR THE REPLY. IS FOR FDR CAN WE CLAIM IN BENAMI ACT.
AS THERE IS NO INCOME OF THE DAUGHTER AND THE WHOLE MONEY WAS OF FATHER. AS PER HE OPINION OF THE CLEINT HE WISH TO MAKE THAT AMOUNT IN LITIGATION SO THAT HI DAUGHTER CANT TAKE THAT AMOUNT NOW. THIS REMEDY HE WISH TO TAKE FOR THE MATTER OF MISUSE OF THE MONEY.
A V Vishal
(Expert) 19 August 2009
I don't know who suggests such weird ideas, but think cooly, what the client does is out of momentary fury, the person in question is your clients own daughter, what has happened is past, the vengeance part looks like it is out straight from a bollywood movie. I suggest people become more mature, by putting the matter in litigation no one is benefitted but rather it looks sadistic and your clients intention not to see his daughter happily settled after marriage.
