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mk (xxx)     24 June 2021

Mom's flat

Hello sir


I' have 3 brothers and my mother passed away in Tamil Nadu .she has left a registered will with 50% share of flat on my name and the other 50% on one of my brother's who is quite meak.but the other two brothers are unhappy and all 3 have teamed up with some understanding and want share of flat ..my question is if going forward there is a negotiation ,how should I settle it .as I do not trust them ..how should the paperwork be and money transaction which would be best for me .also they have withdrawn FD and locker jewels which is supposed to be divided as per registered will but they still have it as they had withdrawn as they were nominee

I came across your site and thought to msg you

Please help .would be obliged

Regards
Monal


Learning

 7 Replies

Advocate Bhartesh goyal (advocate)     25 June 2021

File partition suit on basis of will and get partitioned your share through court also claim share in FDR's and jwels left by your mother.

G.L.N. Prasad (Retired employee.)     25 June 2021

When the property was bequeathed through a registered will by the deceased, where is the need for you to compromise?  Those who doubt the validity and bonafide of the will can challenge it in a court of law.  When you are beneficiary and innocent, let those who are not happy with the registered will can challenge it in a court of law.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 June 2021

If locker contents and FDs are withdrawn merely based on Nomination and there is no mention whatsoever about them in th Will, it is incumbent upon the brothers who took these assets to share the same with other legal heirs also. Nomination is not a Will and it's only a direction to the Bank to deal with deposits and locker contents, the nominee being only a Trustee and not a beneficiary. As a Trustee it's the duty of such nominee to share with all legal heirs.

 

You can demand for your share in FDs and Locker contents as these aren't covered in the Will. If they do not respond positively, you may have to decide on legal action. Of course, it's better to get the matter settled through discussions in the presence of family elders.

Re. Flat, when it's bequethed to you and to your brother, first get the same transferred to your joint name based on the Will. You need a good and reliable Lawyer for this. Better you hire a local Lawyer to get this work done. As it's bequethed to you and one of the brothers by way of a Will,  you two only get to share it and you need not share it with anybody else. Since it's a flat and cannot be shared for living therein, both of you can consider selling and sharing the sale proceeds equally.

mk (xxx)     25 June 2021

Sir 

Okk thanks for your guidance

They first pressed me to sign family settlement deed but I did not 

Then they have been calling and negotiating on phone ...and asking for legal heir documents 

I have sent a letter notarised to the corporation office there that they should not transfer anything without my presence ...

One of my brother's is dealing into disputed properties and is v criminal mind ...

G.L.N. Prasad (Retired employee.)     25 June 2021

So, you have first started the notice and dispute.  You are the beneficiary of the will and for mutation on the basis of the registered will, you need not issue notice to Corporation and can further proceed with the process of mutation.

Are the other brothers are doubting the bonafide of the registered will?

When you have received fixed asset and your mother has nominated FDRs and Gold ornaments, why should you raise the objection, when all are your own brothers and your mother might have considered many things and given you a residence and movable property to others who are having their avocations in different places and might have houses in their names.

Settle the dispute amicably, as you have received a legitimate share, which may be much more than your eligibility.

Dr J C Vashista (Advocate)     27 June 2021

There are numerous legal issues involved in your query, it is better to consult and engage a local prudent lawyer for analyses of documents/ facts, professional advise and necessary proceeding, if you are unsuccessful in amicable settlement.

T. Kalaiselvan, Advocate (Advocate)     29 June 2021

Since you have been benefited with 50% share in the flat and also as you are entitled to an equal share in the FD amount and the jewels, you may have to file a suit for partition claiming your right to a share in the said properties.

You may consult a local lawyer and proceed as suggested and take immediate legal action if they do not come for a compromise.


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