Legal heir declaration sought by relatives of unmarried lady by suppressing facts and bank deposits
John Bromeo A J
(Querist) 20 December 2015
This query is : Resolved
Hello !
My wife and I are senior citizens aged 75 years living in Chennai and both of us are bed-ridden being attended by nurses. My wife is the youngest of 11 catholic christian siblings, all of whom passed away, except No 10 (brother) and my wife (no 11) who are the only living siblings, along 14 nephews and nieces.
FACTS - In Feb 2012, my wife's elder sister (no 8) who is an unmarried catholic christian aged 80, was hospitalized in Madurai with stroke. The nephews and nieces took her house keys, then went inside her house and took all her bank,financial and property documents, and then went to the hospital and gave a written request to remove the ventilator subsequent to which, my wife's sister died. All this happened without my wife's knowledge / consent.
Later in Aug 2012 the nephews and nieces had a fight between themselves over property division and 8 of them filed a lawsuit against 7 others and my wife as the 8th defendant. When the D1 - D7 came running to my wife, my wife agreed to defend them provided they show all the documents and co-operate as per law. Based on the reply statement filed by my wife, the plaintiff nephews and my wife's brother (P1) were forced to withdraw the plaint simply as "suit not pressed" memo.
Now in Mar 2015 all 15 of them ganged up again and filed a fresh civil suit (in the very same court hiding the fact about the previous suit) against my wife, as the lone defendant and even tried to make it ex-parte because my wife never received the summons.
Based on the investigations carried out by my son and all the documentary evidence (with us) of all the illegal & criminal activities that have happened I seek the advice of legal experts.
QUESTION
1) If a suit for "declaration as legal heirs" is filed by hiding some of the property details (like bank FDs which have been swindled by some of the plaintiffs) and not paying the appropriate court fees on the declared / hidden property details, are the plaintiffs still eligible to be declared as legal heirs? Is there any section under the Indian Succession Act 1925 (for Christians) under which action can be taken against them for dishonesty and suppression of material facts?
2) Since the plaintiffs have suppressed the fact about the suit filed in 2012 and withdrawn in 2013 simply as "suit not pressed", can my wife ask the court to dismiss the current suit under CPC order 23 citing the fact that the plaintiffs had withdrawn the earlier suit without asking the court's permission for "liberty to file a fresh suit"
3) We have come to know that my wife's sister had actually written a will, but since these nephews went inside her house and took away her documents we now suspect that they might have destroyed it. So if we file a police complaint and seek appropriate police investigation, how can we relate the outcome of the investigation to this civil suit? Is there anyway my wife can call for production of bank statements, opening of the locker belonging to the deceased (unmarried sister) through an IA or by some other way?
4) Since my wife is bed-ridden, partially blind and cannot travel 400 kms to attend this court case, can she give a PoA specifically to deal with this suit to my son? In that case will his reply / statements be valid in the court? Can he apply to the judge to hear him as a "party-in-person"?
I request the experts to please help us on the above. My wife is completely devastated at the manner in which she is being harassed and we would like to seek justice. Thank you All!
Regards,
John Bromeo A J
Kumar Doab
(Expert) 20 December 2015
You seem to have done your homework.
Your wife can given POA to her son and her lawyer and they can represent her.
After her the legal heirs shall step in her shoes.
In court everyone shall have to submit everything that has been collected and en-cashed.
If there was no valid nomination then bank can not pass the funds without following the process set out by RBI in its:
Master Circular on Customer Services; YOu may go thru clause 19 &20 onwards.......
Engage the services of a senior and seasoned lawyer specializing in family/civil/such matters and well versed with Indian Succession Laws and your faith...........
P. Venu
(Expert) 21 December 2015
Your wife or the POA may engage an advocate and file a counter claim.
Dr J C Vashista
(Expert) 21 December 2015
Too long a story and not a query.
Consult and engage a local lawyer for poroer analysis, guidance and proceeding.
Rajendra K Goyal
(Expert) 22 December 2015
Consult with local lawyer and discuss in detail.
K.S.Srinivas
(Expert) 26 December 2015
Take the advice of a Lawyer by showing all the relevant papers to him.
John Bromeo A J
(Querist) 27 December 2015
Hello !
I thank all the experts who have gone through my query and made suggestions, specially Mr Kumar Doab, thank you Sirs ! As I am bed-ridden I get to access the computer only once a week through a helper and that is why this delay.
I have consulted some advocates here in Chennai last 3 months where we live as well as in Madurai where this suit has been filed. It is only after getting generic and conflicting advice I decided to seek online help through this forum hoping that if any advocate who have specific expertise in this type of situation can help.
Pls understand that I am not seeking "free advice". I would like to interact further for professional consultation with the appropriate expert who can help out.
In a suit for "declaration as legal heirs" if the plaintiffs suppress material facts, withhold property details by not declaring them in the court and not paying appropriate court fees, is there no law or any specific section to take action against them (other than perjury of course)? Can we pray to the hon'ble court in our reply statement that these cheating plaintiffs are not eligible to be declared as legal heirs by virtue of their illegal activities?
If the experts can give me more specific answers to my above query it will be really helpful. Thanking you all once again and God bless !!
Regards,
John Bromeo A J
