succession / legal heirship certificate
TARUN DATTA
(Querist) 26 September 2014
This query is : Resolved
How could I get father's property. My father died on 14 th april 2014 . My divorcee sister denied to show us anything right now even bank account. We are two brother, mother also alive. There is no will.
please help.
Tarun Datta
malipeddi jaggarao
(Expert) 27 September 2014
It is pity that you are seeking advice how to claim your right on the properties of your father without knowing the details of the property.
Please refer to the following:
Movable assets:
1. Do you know the details of the Bank accounts of your father? If you know please send a regd.letter to the bank stating that your father (account holder) is deceased and operations in the account should be stopped. Obtain a legal heir certificate and all the legal heirs including your brother, sister and mother should submit a claim to the Bank. This is applicable for all the Bank accounts.
2. You should know the details of the property your father is having. All the legal heirs are required to mutate the property in the land records/municipal records.
Do some back ground work and first ascertain what are all the properties your father had and then come to this portal for advice. We can not ascertain the details of your father's property. Is n't it?
Rope in some elders. Your relatives might be knowing the details. Exert pressure on your sister to disclose the things. Otherwise everybody will a looser.
Are you living your parents? What is the role of your mother?
ajay sethi
(Expert) 27 September 2014
your mother would know the details . each legal heir would have 1/4th share in deceased father property .
Rajendra K Goyal
(Expert) 27 September 2014
1. The Bankers are now having nomination in almost all the accounts. Confirm whether any nomination exist or not. If exist, nominee can claim the deposit / locker articles if any. If no nomination exist, better follow the procedure laid down by Banks framed as per guidelines from RBI for settlement of claim in deceased accounts. It is faster and cheaper. All the legal heirs have to join for claiming.
2. You can get the legal heir certificate from the local tehsildar office.
3. On the basis of this certificate get the property mutated.
4. If any heir want to leave his / her share enter into a registered settlement deed and proceed. Consult a local lawyer.
Anand Bali Adv.
(Expert) 27 September 2014
Dear Friend,
Though it is a belated Advice but I hope it will help you much.
First of all you are requested to apply for the succession certificate in the court or get a Surviving member certificate from the local SDM court.
Then apply for the partition of the Father's property among all legal heirs of your deceased father who died intestate (without any Will ). This has to be done with a due proper care by obtaining a copy of the death certificate of the deceased person. About the bank nominee you need not to worry at all as the bank nominee status is of only custodian of the property and not of the owner of the property of the deceased.
For further legal assistance on nominal charges, you can contact me , Please call after Court Hrs to get a suitable appointment date and timing on 9582144748 or Email on advicelaw1@gmail.com.
Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.
TARUN DATTA
(Querist) 27 September 2014
Thank all of you sir. I will contact soon.
Kumar Doab
(Expert) 27 September 2014
It is believed that you are Hindu and Hindu Succession Laws shall apply.
All Banks have CBS operation and click of mouse the BM can find out all a/c's of a person.
The computer can also search by KYC details e.g. Pan No., DOB etc.............
Land record be obtained from Patwaari.
Elders can help.
All are ClassI legal heir and shall share the estate of deceased father equally.
Approach a lawyer and proceed for partition.
TARUN DATTA
(Querist) 28 September 2014
Thank you sir , now the question is how to proceed the entire thing . I am not living with mother even my elder brother . My divorce sister is living with mother . Now some relatives influenced him not to disclose anything . Mother is now 74 yrs. she does not remind anything . But she wants to live all together even she told us to build flat for all at the place of our house . Also i learned that ension book is joint holder with my sister , is it possible? Please give me a way to established my birth right .
Biswanath Roy
(Expert) 28 September 2014
From the given facts one can presume that you have been isolated from your family for some reason or other. You convince your sister to disclose the goods and assets of your late father and thereafter come to this forum for proper legal advice how to proceed with legally to claim your share in those properties.
Kumar Doab
(Expert) 28 September 2014
Parent do not indiscriminate.
It is evident once again n your last post.
The aging mother has wished that everyone should stay together and FLATS for everyone should be built in the plot.
She is otherwise hinting for separate living space for everyone......................and may agree to partition it in her lifetime amongst her children so that there is no dispute once she leaves this mortal world.
She is also concerned about her divorced daughter.
Avail this opportunity.
As far as the legalities are concerned these have been discussed.
You may approach a lawyer in person.
T. Kalaiselvan, Advocate
(Expert) 02 October 2014
Without having any details/particulars of the property (both movable and immovable), it will not be possible for you to go for partition or claiming any share in anything. So it is better you follow the guidance suggested by expert Mr. Jagga Rao.
TARUN DATTA
(Querist) 07 October 2014
How to obtain heirship certificate? Which document will be needed? Now dalil of house found and bank pass book are shown by my sister. But all a/c are made as new as joint holder in the name of mother &sister, even pension book. Is it possible, sister is divorcee. Please guide me sir what and how I will go further.
Thank you.
TARUN DATTA
(Querist) 12 November 2014
Sir,
After a long searching, its come to my knowledge that all the bank account of my late father have been close, without our consent. Also made new in the name of mother & sister as any other and survivor. Also dont know the amount.
please help.
Guest
(Expert) 12 November 2014
The account of your father would have nomination. The new account would have been opened to transfer the funds on claim of the balances of the account by the nominees of your father. Consent of any person is not necessary to be taken by the bank while paying the balance of account to the nominee. If you want your share, you will have to claim only from the nominee of the account.
If you are unable to know the amount that means your mother and sister don't want to divulge on account of your attitudinal differences with them for which none of the experts can provide you any remedy, except advising you to maintain good relations with the family members and win their trust first.
If differences prevail, you may also not be able to get succession certificate in preference to your living mother due to dissent of your mother and sister.
Guest
(Expert) 12 November 2014
Dear Shri Kumar,
With reference to your post, "Parent do not indiscriminate" I may say that when parents are neglected by the children they have to keep distance from those children who don't take care of them in their old age and per force, they have to show their resentment, which can be called even discrimination discrimination towards them. Normally they take care of those who take care of them during the days of their debility, may those persons be other than their own family members. But, when the question arises for claiming of their property/ assets after their death all those who would have neglected them come forward to claim as a matter of right forgetting that they failed to discharge their own responsibilities towards them.
Here in this case, the same story can also noty be overruled. Rest the querist may be knowing better.
TARUN DATTA
(Querist) 12 November 2014
Respected Sir ,
Sorry sir i have some late to reply you ,
thank you for your reply .
Sir , the fact is not that real fact is that my mother wants to live all together ,
but my sister (divorcee) behave very rude with my mother and also with us . Actualy we are giving him freedom due to her position . But now she used to take advantages .We are never neglected our parents but mother does not know anything ,also she fears because my sister told her she will suicide .At this old age its not possible to fight even we are unable to live with her. My sister does not allow me to live in that house because she claims three rooms for her . Only three rooms are there .
I am youngest one , neglected ever and ever ,never asking anything from them . After death of my father its come to my knowledge that fathers pension was rs. 28500/ . Sir , after a big pathetic journey for the last 25 years , today i am just wants to know everything, i am living in a rented flat also my elder brother.
Parents are god to us , every time i was with them without any advantages . But my sister kept all the things,having all the benefits . My mother told to build flat for all but sister does not agree , after this she behaved very bad with mother , a paid servant fix foe her but she does not look after her , sister leaving 11a.m.in the morning and came back at 10-11 p.m.everyday .
Sir , please tell me what i should do .
Kumar Doab
(Expert) 12 November 2014
Dear Shri P.S. Dhingra,
Sir,
I fully concur with you.
You have pointed out hard realities in such simple manner.
Guest
(Expert) 13 November 2014
Dear Mr. Tarun Datta,
Your earlier statement, "I am not living with mother even my elder brother. My divorce sister is living with mother." does not match in any way with your present statement, "We are never neglected our parents but mother does not know anything."
Moreover, your father having not disclosed about balance in his account or about nomination, opening of joint account by your mother with your sister also indicates some vital differences of your mother with both of her sons.
If your mother had been given due care by both of you brothers there was no reason, your mother would not have taken your help to claim the money of the account of your deceased father from the bank. With that you could well have known the amount of claim. Even your mother not disclosing about the amount of account and other property indicates the differences.
Anyway, I am not against claim of your share, as a legal heir, out of the assets of your father, but your case being a complicated one, yourself being totally in dark about the facts, I can advise you to discuss the matter threadbare with some expect in person to get appropriate advice, at first to know how much assets are there and then how to claim those.
However, ith reference to your statement, "after this she behaved very bad with mother, a paid servant fix foe her but she does not look after her, sister leaving 11 a.m.in the morning and came back at 10-11 p.m.everyday," my personal advice to you, if your mother is not being treated properly by your sister, as per your latest statement, must not leave her at the mercy of your sister. Take the responsibility of her old age maintenance and care, which she lawfully deserve from you.
Guest
(Expert) 13 November 2014
Dear Shri Kumar,
Thanks for your appreciation. I don't try to go beyond realities. I prefer to be a rational person without any bias or prejudice towards anyone, may he be my opponent.
malipeddi jaggarao
(Expert) 13 November 2014
First of all the author should know the assets of the deceased father. For that he can use RTI Act and seek information from relevant departments and banks and then come to this portal for advice. Without that any advice in this regard is of academic interest only. It will not be solution to his grievance. Let him work out on his own and get the full information. It may take some time. He can ascertain from his mother, close relatives, apply for certified copy of registered documents, look into municipal/village records etc. I sincerely advise him to do so initially and then approach this portal for solution.
TARUN DATTA
(Querist) 13 November 2014
Respected Sir,
Thank you sir for your reply .
Yes , its a very very complicated case . I had left the house in the year 1988 , and my elder brother leave the place in the year 2010 after my sister came back home being a divorcee.
One more information , in the pension book record we found that my sister stated as widow . Everything designed as her own , we are in the dark . Father had no right to say anything as his own , we are going there as a guest . Even my sister told me not to say anything about my elder brother . But in absent of her , father asked me about them . Actualy she told my father she will suicide if my elder brother came back, and write a suicide note having name all of us .
Real fact is this , she just took undue advantages of their oldness .
Even forcely she made a note in a dairy that all property goes to her after death of my father . But as per my knowledge this was not probate for the expense of rs. 80000/.
Sir, i am not hungry , god give me lot , but i dont allow this illegal way , so i will fight alone .
Please , guide me .
One more thing in the pension record i am also legal heir , but i dont know how it was opened without me .
Anand Bali Adv.
(Expert) 13 November 2014
MR Datta You are advised to have consultation with a good Advocate as step by step disclosing the facts of your family do not give a full idea of the case. The main point is this that your father died intestate thus you can have a share out of his all movable and immovable property which no body can stop you to have. Now question is how to proceed is to be discussed with a good Advocate of this field and with a reputation that's all. On this site you have got enough idea of your case so now the time has come to act and not waste time.
malipeddi jaggarao
(Expert) 13 November 2014
I fully agree with the expert Mr.Anand Bali. I already given you the steps to be taken. Instead of harping on the same point about your sister, jump into action and save time.
TARUN DATTA
(Querist) 13 November 2014
Respected Sir ,
Thank you Anand ji and Jaggarao ji .
I will contact soon , sir are you guide me anand ji ? I will call you soon.
Thank you sir .
Yours Sincerely
TARUN DATTA
TARUN DATTA
(Querist) 12 December 2014
Respected Sir ,
Thank you Mr. Anand Bali Saheb .
After a several days i would like to inform you that everything is clear to me about the status of our family member. Mother is now under pressure of my sister , and my elder brother is a coward one , thats why i have to do all the matters in consent of my mother . Mother told me , every person have rights to share it . Sir , tried to sign a deed of family sttlement last week , but my divorcee sister and our uncle told that if i omit the word movable from the deed only then she will sign . But my elder brother and my mother had agreed with me .
Even sister and uncle told me you may get 25% share now , but you have to delete the word movable from the deed . Again they does not show me the details of money .
Sir , as per your advice i am ready to consult now, please guide me .
Thanking you .
TARUN DATTA
Biswanath Roy
(Expert) 12 December 2014
You are one of the share holder of the goods and assets of your deceased father. Goods and assets MEANS BOTH MOVABLE AND IMMOVABLE PROPERTIES. How you can drop the word movables in the Deed of Mutual Partition?
TARUN DATTA
(Querist) 13 December 2014
Respected Sir,
Thank you Roy Saheb , we are four member , but my divorcee sister along with our uncles are willing to oppose it by the way.
At present all the bank accounts of my father transferred to her name along with mother , thats why she claim nothing has left in fathers name . Also she does not allow anybody to show it .
Just i have received a photo copy of Dalil of the land from her .
We are ready to settle a deed for movable and immovable but she claim to drop the word movable , then only she will sign .
Sir , please tell me what should i do now .
I am from kolkata . Will you guide me ?
Thanking you .
TARUN DATTA
9674950195
Biswanath Roy
(Expert) 13 December 2014
Try to collect Banker's name & Branch and if possible your father's account no. and mother's Bank A/c number and can sit with me in a legal meeting to take appropriate step. As I am a Senior Advocate my professional fees is very high which may not suit to the pocket of ordinary people. Hence you may contact me in this regard. My Mobile no. 9836858000
TARUN DATTA
(Querist) 13 December 2014
Respected Sir ,
Thank you sir , your kind co operation is highly appreciated .
Sir, i know the bankers & branch but its not possible to know the a/c no. because all are kept by my sister , mother is not aware about this .
One thing comes in to my knowledge that, one of the bank a/c with AXIS Bank had been closed on 20.10.2014 before the date of our family meeting held on 21.10.2014 , learned from the bank that last balance was Rs.1,85000.00/-, but don't know where the money goes .
Sir , i am the youngest son , age of 47years , neglected by the elder member of our family , even in the year 1989 they are not given my appointment letter of IBP CO. Now i am a private employee.
I will fight , plase sir help me for justice .
Thank you sir , accept my regards .
I will call you but please inform me your free time , i mean which time you are available to receive my call .
Thanking you
TARUN DATTA
9674950195
Biswanath Roy
(Expert) 14 December 2014
Either you contact me over phone number already posted to you or you may mail me for fixing up date and time for a legal meeting on the subject. I can give you time for such meeting on 16th. December 2014, between 5-6 PM. my concessional fees will be Rs.5,000/-. If you agree confirm it.
TARUN DATTA
(Querist) 14 December 2014
Respected Sir,
Thank you again .
As per our conversation over the phone , i will go on 16th December betwween 5-6 PM .
Please let me know the address details .
Sir one more request to you please consider it for the first time if possible , i have arrange Rs. 3000/-.
Sir please give me a chance to meet you first .
I think next time i am able to pay you the exact fees .
Sir as a senior advocate person, please consider my pray , please give me your address .
With Regards
TARUN DATTA
9674950195
Biswanath Roy
(Expert) 14 December 2014
No problem you meet me at the following address :-
DEVI APARTMENT
2nd. Floor, Flat no.8
22, Narayantala (west)
Chawalpatty (Beside NORTH PLAZA, Saharan Market)
BAGUIHATI, KOLKATA-700059
TARUN DATTA
(Querist) 14 December 2014
Respected Sir,
Thank you very much sir , please tell me the bus stop, is it baguihati stop ?
I will meet you positively.
Respect your kind cosideration .
Thanking you .
TARUN DATTA
9674950195
Biswanath Roy
(Expert) 14 December 2014
YES, IT IS BAGUIHATI BUS STOP. JUST AFTER BAGUIHATI BAZAR. IF YOU HAVE ALREADY DRAFTED ANY DEED OF FAMILY PARTITION WHICH WAS REFUSED TO SIGN BY YOUR SISTER BRING THAT ALSO..
malipeddi jaggarao
(Expert) 14 December 2014
Mr.Tarun Datta, you are in the safe hands of expert Shri Biswanath Roy.
TARUN DATTA
(Querist) 14 December 2014
Respected Sir ,
Yes sir i will try to bring it ,because its now in my sister custody , don't know whether she will give it back to me or not?
However i will try .
Thank you sir again , thank you Mr. Mlipeddi Jaggarao . God live behind the every real and true matter , i believe in god .
Think today i am able to touch all of you by the dierection of god .
Hands of god are always safe .
Thanking you .
TARUN DATTA
Biswanath Roy
(Expert) 14 December 2014
Thanks to my Learned friend Mr. JAGGARAO for his comment.
@ Mr. Tarun Datta,
I dislike silly sentiment.According to Bhagabat Gita God is within all lives of this world. Godly power is within our body if we can illuminate or expound it then we will hold the same power.
TARUN DATTA
(Querist) 15 December 2014
Respected Sir,
Good morning sir , you are absolutely correct . God bless you all .
Thanking you .
TARUN DATTA
TARUN DATTA
(Querist) 17 December 2014
Respected Sir,
Thank you Roy Saheb .
As per required materials now i have sent follwing details .
1)STATE BANK OF INDIA (SBIN0006699)BATANAGAR BRANCH
JAGTALA , P.O. - MAHESHTALA , DIST - 24PGS(S), WEST BENGAL , PIN - 743352
2)UCO BANK 000304 NANGI BRANCH
P.O.- PARBANGLA , VIA - BATANAGAR,
SOUTH 24 PARGANAS , KOLKATA .033-24901544
3)AXIS BANK 000439 MAHESHTALA BRANCH
MAHESHTALA MUNICIPALITY BUILDING , BUDGE-BUDGE TRUNK ROAD , SOUTH 24 PGS . PIN-743352. 033-24903026
4)UNITED BANK OF INDIA MTL 961 MAHESHTALA
JALKHURA SUPER MARKET COMPLEX (1ST FLOOR)
MAHESHTALA DIST - 24PGS(S) W.B. PIN- 743352
OR
UBI BATANAGAR BRANCH BTN279
BUDGE BUDGE ROAD , MAHESHTALA DIST - 24PGS (S) PIN- 743352
5)INDIAN POST OFFICE BATANAGAR BRANCH
NEAR BATA FACTORY
Please ask about fixed deposit any with them .
Sir , please proceed , i will try my best to send your fees .
Thanking you
TARUN DATTA
9674950195
