Time limitation

Querist : Anonymous (Querist) 01 November 2011 This query is : Resolved
my elder brother died in 2000 and left some fd, locker and some kissan vikan patra now we have 2 sister and my self are the legal heirs one of my sister had the nomination of fd and kvp and locker she already take all the money.
now i want what is time limitation of filling case
what is the legal position
any case laws for ref
is the one of sister is trustee of all money

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Advocate Rajkumarlaxman (Expert) 01 November 2011
if she was appointed as Nominee then others cannot get. incase he died intestate law would come into action as legal heirs. when he specifically nominated then you cannot. but still wait for other experts opinion. what they say about the same\.

adv. rajeev ( rajoo ) (Expert) 01 November 2011
Nominee cannot claim entire FD amount of your brother. Duty of nominee is distribute the amount to the legal heirs of the deceased. So you can file a suit for partition claiming your share

bhupender sharma (Expert) 01 November 2011
U may apply for the Sucession Certificate before the court stating therein all the circumstances. and u sill get the same what u desire.

ajay sethi (Expert) 01 November 2011
but the issue that arises is your brother died in 2000 what were you doing for 11 years? why did you not apply for succession certificate earlier?

Shonee Kapoor (Expert) 01 November 2011
Limitation period for immovable property is just 3 years.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 01 November 2011
Where the right was really there as Mr.Rajoo rightly speaks that position of
a nominee is always of a trustee for other heirs then when nominee turns dishonest right to sue the nominee starts with cause of action and expires with in 03 years as rightly told by Mr.Kapoor but you can not ignore Mr.Sethi rightly frowning that why 11 years long silence was maintained.

So i opine ::
1]that if nominee has received all with in 03 years just sue without delay after serving a notice of demand.if no time to notice,file the suit directly.

2]If nomination was not nominee of every thing your brother had in banks,file a succession certificate on behalf of all heirs making the nominee opposite party.

3]A constructive case may also be possible
that is to plead that heirs were not aware
of the deposits and lockers and kvp etc. and have just come to know,and on inquiry
thereof it has been revealed that nominee trustee has received all and has in her own favor misappropriated committing breach of trust and despite notice is not ready to pay the due share of other heirs ,hence the suit.

HERE I VERY CLEARLY WANT TO MENTION PART VI ARTICLE 68 OF LIMITATION ACT.

According to this article" for specific movable property lost,or acquired by theft,or DISHONEST MISAPPROPRIATION or conversion----limitation is 03 years,--to start---when the person having right to the possession of the property FIRST LEARN IN WHOSE POSSESSION it is."

Arun Kumar Bhagat (Expert) 01 November 2011
Rightly observed by Mr. Prabhakar Singhji.

malipeddi jaggarao (Expert) 02 November 2011
No addition is required to the advice of expert Mr.Prabhakar singh.

Shailesh Kumar Shah (Expert) 02 November 2011
I have similar opinion as Shri malipeddi jaggarao.

girish shringi (Expert) 03 November 2011
Mr. Prabhakarsinghji has elaborately described nicely.

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