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shiv (consultant)     30 September 2015

Non parting of property

The case starts with both the parents gone(with a gap of 7 years), and only two children(daughters) alive, with only elder sister having all property documents . This includes, land,bank account details, fixed deposits, Mutual funds, Insurances,Post office accounts , liquid cash, gold ,silver, precious stones etc. None of the details are shared byelder sister, who remained unchallenged for past 10 years. No doubt she invested a big amount in buing land in her own name, making joint accounts with the accounts of mother(who died later than father), and shifonning off liquid cash and gold.Only the land and bank account in fathers name is that we can see remains untouched, right now,apart of it, the sister is denying any other account. The mother was a housewife, and all her account is now only on elder sisters name.A total of estimated 5-6 accounts of father +mother, involving amount upto 1 crore is involved,in which the sister is showing an account of just 9 lakh, rest she is not giving any detail. What is the best solution  and route to be taken according to experience, and what is the law?Can the money apart from her income be accounted as her fathers/mmothers money? Can the surplus money deposited in her accounts and lockers post to her fathers/mothers death be taken into consideration ? Can we ask the her banks to show the surplus money? Can the luxury items bought be accounted for? Note that the money is shifonned and new properties are bought in 2-3 different states.

 



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 2 Replies

saravanan s (legal advisor)     30 September 2015

obtain a legal heir certificate seperately for both your mother and father if they had died intestate.with that you can claim your share by filing a partition suit by producing the details before the court

Anand Bali Adv. (Advocate Solicitor & Consultant)     30 September 2015

First of all I would like to draw your attention that your case is likely to be barred with in 12 yeras of the last cause of action since when you hve the right to claim the deseased property who died intestate. 

You are advised to please consult a good civil Lawyer of your area to proceed on for the claims. for which first of all you have to take succession certificate by competent court or by the Tehsildar a Surviving member certificate which has to include all the names and addresses of the surviving  legal heirs of both the deseased. Here it is must that they should have died intestae and without any Will. 

 


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