Inheritance and succession
suhas roman
(Querist) 23 November 2013
This query is : Resolved
My father vishwas met with an accident in Apr 2010.
My father was survived by his mother (chitra) second wife (suman) two sons suhas and vijay. (Suhas that's me) . My father had one son(satish) from first marriage and had performed second marriage without seeking divorse.
Suman and vijay lived in VAPI Gujarat . Chitra satish and myself living in satara district Maharashtra separately.
Father had two flats in VAPI Gujarat which were sold by mother without any consent from people in MH and gave entire money to vijay.
Father had rs 20 lac in F.D in one bank at VAPI. Suman and vijay together were nominee for 15 lac and I got 5lac.
In another bank rs 12 lac were in F.D of which I got 170000 as nominee and rest was equally divided between suman vijay and myself by making a legal heir certificate (names of chitra and satish were excluded from family tree) after getting money from this bank vijay betrayed me and did not share property money with me
At satara MH father has 30 lac in f.d at one bank father did not keep any nominee for that.
Chitra and satish have filed a civil case in satara court stating their claim in the money satish is afraid of going to VAPI Gujarat because of vijay contacts with police and judges.
Hence satish would be demanding a setoff from the court for his claim and of course for grandmother's share as well.
All of the above assets are fathers self earned. Late grandfather (anandrao)had 15 acres agri land in satara district.
Anandrao has 6 married daughters and three sons. My father was the eldest. In 7/12 my father has his name along with his two brothers. Sister have their names as itaradhikar.
The above story is complicated only a good expert can solve my queries.
1. What I should be doing with the only money left in satara bank.
2. Is there a problem for me as a nominee and for making a legal heir certificate (excluding chitra and satish)
3. Will satish be successful in claiming a setoff in MH without going to Gujarat.
4. How can I claim my share in VAPI property which suman sold without my knowledge.(m.v 20lac)
5. How can i claim my share of agri land in satara.
Please guide me through this
ajay sethi
(Expert) 23 November 2013
consult a local lawyer . you can afford legal fees . it is necessary to have detailed confernece to advise
Rajendra K Goyal
(Expert) 23 November 2013
Contact a local lawyer and discuss in detail all aspects.
Thyagarajan
(Expert) 23 November 2013
There are too many people involved in this inheritance problem. Off hand no one can give you a course to follow without verifying bonafide of your contention .
It is time you get the things sorted out to know your legitimate claim by approching local lawyer.
R.K Nanda
(Expert) 23 November 2013
nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 23 November 2013
Ajay Sethi and Thiyagarajan have properly answered you. In your query you have stated that your father married his second wife before divorcing his first wife, whether the first wife is still alive now?, if so, in the legal heirship certificate/family tree certificate, her name along with the names of your grand mother and your half brother are to be included and if the first wife is alive, the second wife loses her status as wife /legal heir to your deceased father hence cannot include her name in the legal heirs/family tree certificate.
suhas roman
(Querist) 23 November 2013
I forgot to mention that after chitra and satish had filed for MACP civil case in satara . I within next 20 days had also filed for succession case in main senior court of satara.
I today consulted senior adv abt the case details.
The adv said that we will take succession certificate from my Court case as the case status is public notice/proclamation. And take my part of share from the 30 lac lying in one bank in satara. And ignore the money in banks of Gujarat as I alrdy had my piece of cake.
He adviced me to file a case in Gujarat for the two flats which mother sold without my permission. And for the same use legal heir certificate which ignored satish and chitra from it.
As for the agricultural land of grandfather he advised me to file a case for mesne profit.
How far good is my advocate advising me.
My ultimate motto is to have maximum share in inheritance possible.
Please advice.
suhas roman
(Querist) 23 November 2013
I am the son of second wife. Satish was the son of first wife. My father married his second wife when she was alive. But she did not object for anything and ultimately died after 20 years.
Thyagarajan
(Expert) 23 November 2013
You have taken into confidence a senior lawyer. You put your ultimate claim to him as well. Half way you should not consult another to any take some other course.
