Hello All,
First Thank you for giving your precious time to reading my case.
My name is sujith kumar iam from hyderabad. My dad passed away on 2.9.2008 and he was central govt employee in(NTPC RAMAGUNDAM). We are 3 childerns to our parents, 1st elder son 2nd my sister and 3rd me. My elder brother was my dad 1st wife son and his mom died in (1982).When my elder brother was 3 year old my dad married my mom in (1984) and later he joined in ntpc in 1984.
My mom never showed any difference between three of us and she never told regarding my dad's 1st wife or any thing till my elder brother betread us. He was very nice before my dad alive. When my dad passed away there it all started.
My dad kept his house docements in bank for my higher education loan (Study in overseas) in SBH ramagundam and also have other loans in the same bank.
We are shocked about my dad's death, and we are all in our village after my dad's cremation but my elder brother went to ramagundam overnight and he collected all papers what ever he got in locker and moved some place and came back next day like nothing he did.
when my mom and me went to my dad's NTPC office to make final settlement of my dad money, we came to know that my dad overall loan was around 15 lackhs and they asked us to clear the bank loans for ntpc further process. My mom said ok to NTPC office that she will clear the loan ammount and after that NTPC credited loan amount in my mom's account and which is blocked by SBH bank (Ramagundam).
When we approched the SBH bank for documents.The bank asked us to provide the legal heir.so, they can hand over the house docements to us.When we tryed to apply legal heir in the month Jan 2009 but the MRO officer asked to get signed by everyone of our family members but my elder brother didnt signed it.Hence, we didnt get it.
We have informed the same to the bank manager we asked them to clear the loan amount from my mom's account and hand over the house docements to my mom as they said earlier.
They refused to hand over the docements.Hence, my mom asked do not deduct any loan amount till she get the legal heir and they said ok.
In the year 2009 Nov when we checked our account blance its showed zero blance in our account.When we tryed to approch to the bank on call they didnt responce properly.
Hence, we went personally to the bank to know why it was deducted without any intemation to us. When we asked for our house docements They didnt hand over and said to get the legal heir first and they where very rude with us when we asked to refund the loan amount in my mom's account. They denied to refund the amount and said do what ever you like.
Its been 7 years we are suffering with financial issues. we lost my dad central govt pension which is around 50K and my mom suffering with major health issues after my dad's death, I am the only one earning in my home its 10k to 12 k and i couldnt complete my studies also after my dad's death.
We have approched to advocate after 7 years (ie May 2015) in our city (Hyderabad) to know how we can get legal heir .He suggest us to apply legal heir affidavite which is provided by 1st class Migistrate and its equal to legal heir and its accepted by any bank.
When we approched the bank with legal heir affidavite (ie in May 2015)which is given by our advocate .They state that this is not a legal heir its just a affidavite and we need to get other type of legal heir. However, they also state that they will check with there law officer to check if our legal heir is accepted or not.
My dad didnt write any will or anything.
I request you to advice what i need to do, now iam really worried.
What should be our next step?
My mom will be haveing the rights to have papers right !!! not by my elder brother or me or my sister ?
will be my mom be the next owner \ legally get to my mom?
Please do the needful.
Regards,
Sujith
