Property dispute

Dear Ram,

 

there are various options for dividing the property among the family members. but before suggesting any proper mode. you need to provide few details such as relation between you and your grandfather?

does your grandfather is ready to help you out or not?

 

Regards,

Advocate Rohit Dalmia

9324538481

Please provide details such as whether the property is bought by your grandfather or is it ancestral?

You may help your grandfather make a will wherein he can distribute his assets as he wishes.

Or you could also ask him to partition the estate the way he deems fit.

S Jadhav

 

Dear Querist, 

 

I have the following to opine :-

 

1. The most important question is whether it is the self acquired property of your grandfather ? If it is only the grandfather has the right to control it's use and recover the possession the same. He is free to partition & settle the property between all sons equally.

 

2. If it is an ancestral property then your father can at any time seek to get his share culled out via a suit for partition. All coparcenors have an equal subsisting right in the property. 

ADDITIONAL DETAILS

1.This property was bought by my grandfather himself.

2.Grandfather's health is fast deterioating.He is not in a situation to fight with my uncle.(he behaves very rudely)

Moreover my uncles keep on giving him sleeping pills.He is asleep most of the time.And infact my uncle has warned my father that he wont let him talk to my grandfather if we dare to ask my grandfather's help.

I am vrinda  28 years old, having two elder sisters. My  both elder sisters are married on  26th April 1999 and  2nd Oct 2006 respectivly.

My father  was died  on 14th April 2007 without any will or writeing note. He was having SBI PF account ATM card with Rs 90000/- approx. After  his death, my  elder sister verbally communicated to remove the cash from fahter's PF account by using ATM card for my education / marriage purpose, as i am still unmarried and  was working with Rs. 5000/- per month in 2007.

But now, in 2012 my sister is  asking me for the same money and mentally harassing me to launch the fraud case against me that " i have removed the cash from  fathers PF account without their consent".

 I am the sencond nominee on PF account  and 1st nominee is my step Mom  who is unknown to us  till date as we dont have any contact details of her.

Sir, I am worried about the same .Kindly guide and suggest me.

 

Thanks and Regards,

Vrinda 

Vrinda.vrindas@gmail.com

vrinda you were co sharer in your faters property ,you dnt have tyo woory about this if you elder sisters are asking you to lodge any case against you it can not be lodged as you are co sharer in the propery including all assests ,but the money withdrawn by you will be adjusted in other assest of property and from your share.

best wishes

anish thakur

9459321520

Dear Ram, if your grandfather is not keeping well. then he may create a will by which he can divide the assets amongst the family members or do whatever he deems fit. but you need to act fast as it is possible that your uncle might create a forged will and take the signature or thumb impression of your grandfather on it. Regards, Advocate Rohit Dalmia 9324538481

Dear Sir,

Thank u so much for  your prompt reply.

But,please let me know, is married daughters have rights on PF account, where me and my step mom was nominee?

When my father was admitted in hospital, he had given me that ATM card for medical expences.

Please suggest.

Regards,

Vrinda 

 

@Rohit Dalmiya sir..

Can they get a forged will made without the presence of any magistrate.?
Sir what are the legal options available to us.?

It is not compulsory to make the will in resence of the magistrate. Your uncle could make the will on behalf of your grandfather and get his signature or thumb impression on it without your knowledge.

 

Sicne, your grandfather is bedridden and you are not allowed to talk to him properly so you never know what manipulation he might have done.

 

Regards,

Advocate Rohit Dalmia 

9324538481

@vrinda,

in general married daughters have also all rights on all property of father where there is no will or nominee,if your father had left no will and you and your mother is nominee then your sisters have no right on that money .

 

Dear Anish Sir,

 

I am  2nd nominee on PF account  and 1st nominee is my step Mom who is unknown to me till date as i dont have any contact details of her. 

 

Sir, I am worried about the same.Kindly guide and suggest me.

 

 

Regards,

Vrinda 

Dear Anish,

There has been a judjement whereby it is settled that a nominee is only a trustee and not the owner of the property. therfore, other legal heirs also has a right in the said property. therefore, Vrinda's sister also has a right in the father PF account.

 

Regards,

Advocate Rohit Dalmia

9324538481

Dear Anish Sir,

It was a Pension account insted of  PF account .

Regards,

Vrinda