Legal Question in Civil Rights Law in India

My father, had sold his parental home and distributed the receipts amongst his siblings (INR 50,000 for each sibling) except to one sibling (now a senior citizen) due to her vagabound ways and for fear of misuse of the money by unknown elements. The amount has been in safe custody in a bank FD for the last 15-20 years. My father is no more and the FD is transferred to my mother's name. The children of his vagabound sister has reached out to me for the money. I clearly articulated that the money is that of my father's sister and can be handed over only to her and not to her children. If the money has to be handed over to the children, then I need some kind of NOC on an affidavit (stamp paper) signed&thumbprint;of their mother on her recent photograph along with signature & thumbprint on photographs of two witnesses (relative or non-relative). I wanted the following opinion
1. Assuming the children can locate their mother and can get me the above affidavit. WIll that affidavit be sufficient to hand over the money to the children?
2. Incase the children are not able to locate their mother.. how should one proceed to hand over the money to the children? what documents need to be prepared?
3. Incase their mother is located but turns out she is not in a mental/physical state to sign, travel, etc. how should one proceed to hand over the money to the children? what documents need to be prepared?
4. In the event their mother is found but has passed away (is no more). how should one proceed to hand over the money to the children? what documents are required and need to be prepared?
5. If the mother is alive, and handing over the money to her brings a risk of misuse of the money without their mother actually benefitting from that amount. What options/approach do one have to ensure the money is not misused and is helpful fo rmy father's sister? Will a bank trustee services help?
How do one go about drafting the affidavit? What should the affidavit contain?
As my father's sister is vernacular and will not know english, would we need to type the affidavit in both english and vernacular and obtain signatures/thumprint in both?
Please guide...

Asked on 8/22/13, 9:31 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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23.08.2013

Dear Sir / Madam,

I personally feel you are unnecessarily inviting trouble for yourself. Whether you handover the proceeds of the FD receipt that actually belongs to your aunty, to her directly or to her children (your cousins) is one and the same on a plain paper receipt signed by the receiver of the cash. "Where there is a will; there is a way."

Regards,

Answered on 8/22/13, 11:03 pm

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