Letters of administration(la)
rama gopalkrishnan
(Querist) 09 August 2016
This query is : Resolved
I'm the administrator for all the assets of my late husband.
This was my second marriage as also his. He has a son in his first marriage.
His son and myself are the heirs.
After my husband's death the son, with the help of his uncles and aunt had seized away many documents(nsc certificates, Post office MIS etc) and he has provided a Waras Praman Patra from the Gram Panchayat, Panvel and claimed lakhs of rupees.
The house was having a loan and finally after taking the boy's NOC's I got the administrator-ship.
Whatever I could access i.e. the assets-movable & immovable we had mentioned in the LA.
Knowing all the fraud, I was reluctant to become an Administrator and told the boy that he should provide an Irrevokable Power of Attorney for the Flat and get it notarised, so that, in future he should not create any problem during the sale of the flat; only then I can become an Administrator. I knew he would harass me with the help of his relatives as they were guiding him constantly.
I had also taken a declaration from his of all the frauds done by him and his relatives and will not repeat them in future. Thereafter I took the risk of becoming an administrator.
The boy gathered sympathy and got a job in his father's place and I did not contest for it.
So, after we got the retirement dues from my husband's company I closed the House Loan and got the flat transferred on my name. The house was in a bad condition, so had to renovate the flat completely and now am looking for customers for sale.
The flat is vacant. Due to the market conditions, we are not getting a proper rate for the flat.
Now, the boy is threatening me that he will start staying in the flat.
I am worried now. If he starts using the flat he will mess with it, which is now made brand new. I am myself not staying there.
I was in job and now have lost my job due to the downsizing going on in the company.
What do I do? I cannot sell the flat at a loss. As it is the boy has fraudulently withdrawn lot of moneys and not shared it with me.
I have spent lot of money in procuring the LA, lawyer and High Court fees and other expenses in the execution of LA.
Please help me and advise.
Thanks,
Rama Iyer
Kumar Doab
(Expert) 09 August 2016
nsc certificates, Post office MIS etc: If he was nominee then PO has paid to nominee. You can claim your share from nominee.
Waras Praman Patra from the Gram Panchayat, Panvel: If it is obtained by fraud/concealment you can challenge it.
Check if any revenue officer is liable to make inquiry and submit report before the Waras Praman Patra is issued. Bring it in the knowledge of authority that has issued it.
Try to bring it in the knowledge of Sr.Post Master and superiors, DSO and they may initiate some action.
Couple it with declaration of frauds written by him and prove the fraud.
You must have signed NOC for letting him take the job on compassionate grounds.
Bring the frauds in the knowledge of employer and it may initiate some action.
Record all threats.
If possible settle amicably and he may agree to pay/share the expenses in writing.
If possible try to gain some handle on him.
Or approach a very able counsel and act thru your counsel.
Your interest is at stake and you know that you have to defend your interest.
R.K Nanda
(Expert) 09 August 2016
Contact local lawyer.
Ms.Usha Kapoor
(Expert) 10 August 2016
Dear Client,
Contact a very capable lawyer in dealing with your case
Rajendra K Goyal
(Expert) 10 August 2016
Gather all facts / proofs of NSC payment / how and to whom it was paid / whether any nominee existed, through RTI as administrator.
You should start living in the flat to check his entry.
Use RTI to get how / with what contents / on the basis of what documents heir-ship certificate was issued.
Proofs in your hand are necessary to counter his blackmailing / pressure tactics.
