Legal Question in Civil Litigation in India

MY FAMILY MEMBERS :

MOTHER � DECEASED

(STEP) DAD � ALIVE (1 Legal Share)

(UTERINE) BROTHER � ALIVE (1 Legal Share)

BROTHER�s WIFE - Since June 2010

MYSELF � STILL ALIVE (winks) (1 Legal Share)

SUJATA � My Wife

Regarding the Money (Cash):

Out of the the total sale proceeds Rs 2 crs, being 1/3 share of the said property was allotted to my mother and my uncle (mamaji).MAMAJI in turn got an equal share of 1 cr.

My mother had received the money around 1 cr in cash (approx.) from the sale proceeds of her maternal property.

A certified copy of the sale deed and all relevant papers regarding the sale of the property is available with my MAMAJI, which he can share.

Mom and Dad had made Fixed deposits in their joint names, can�t say which is the 1st name cos I do not have access to it. The FD�s were bought in Dec 2007.

My mother died on 10-05-2008, in brain cancer.

She was in service with the BANK of INDIA, and thus received Provident fund and Gratuity payments on death.

The same monies were recovered by my dad from the Bank.

Now Assuming even if the FD�s are renewed in my Father�s name, do I have a claim on it, (It can however be proved from the IT returns of my father that he did not earn the money and it came from my mom)

My Mom�s Jewels are also with him in 2 lockers, out of which I did not receive a single thing, but a part of it was given to my brother�s wife in his wedding on june 2010

Now it is evident that he is enjoying the interest benefit of the FD�s and the retirement benefits of my mom. After my mom�s death he on small pretexts has been trying to deprive me of my valid 1/3 share of the money and my mother�s jewels. I am not in talking terms with him and he had categorically spelt out that I will not get any share of the money of my mom. Do I have a remedy? How can I stake my claim of my valid share (1/3) over the Cash/FD�s and the jewels?

Regarding The Property:

My Dad and mom had 3 houses in joint names,

I am occupying a part of the 1st floor of our main house, The other part is occupied by a distant granny of mine, The ground floor the house is my dad�s office and godown, while on the 2nd floor MY dad and my brother and his family resides.

I have been served with a notice to vacate my portion, owing to my dad�s reasonable requirement for an office space.

Since the last 3 months I have been asked to cook my own food, pay for my own conveyance, pay my own medical expenses and Insurances and earn my own living, without a farthing provided by him.

Other two houses are given on rent to PG accommodation and the rent is collected by my dad.

Now it�s evident that with the turn of events this far I shall be deprived of my share and it has also been spelt out by him in a recent altercation with me.

Points to Note:

I am an adopted son of my dad (which I came to know when I was performing the last rites of my mother, She never told me when she was alive, nor did my relatives)

I have valid circumstantial proofs i.e. my voter ID Card, School Certificates, Marriage Registration Certificate, Passport, Driving License etc. showing my dad�s name as my father and the house which I live in now as my permanent address

Questions :

1. How can I Stake my claim on the Cash Portion and Jewels of my mother.

2. What happens to the money that my mother received as provident fund and gratuity payments, which were recovered from the bank by my Father, and is supposedly with him, Do I have a claim on that?

3. Can My Father totally deny me of my succession in his will (if he makes one like that)?

4. Can he bequeath all the property and cash to my brother by a will ?

5. What happens if he wants to pass all his property by a GIFT DEED to my brother?

6. Does he require an N.O.C. from me if he wants to gift the 3 houses (or his entire properties) to my brother?

7. In the above cases do I Have a remedy and can I contest my father�s will ?

8. Is the Will invalid if he does not provide anything for me and bequeaths all to my brother?

9. In the above case ie case no 8 can we point out a case of �Undue Influence� on the testator ?

All I want to know is can I contest the will if my father actually deprives me from my valid legal share (as far as the events go I m sure he will do it), and how do I stake a claim on the cash/FD/Jewels.


Asked on 9/22/10, 12:40 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

1. How can I Stake my claim on the Cash Portion and Jewels of my mother.

You will have to file a suit for partition including all the properties, moveables as well as immoveables

2. What happens to the money that my mother received as provident fund and gratuity payments, which were recovered from the bank by my Father, and is supposedly with him, Do I have a claim on that?

Yes, even if father was the nominee

3. Can My Father totally deny me of my succession in his will (if he makes one like that)?

Yes, he may do so but in self acquired properties.

4. Can he bequeath all the property and cash to my brother by a will ?

Yes he may do so but in self acquired properties

5. What happens if he wants to pass all his property by a GIFT DEED to my brother?

Only self acquired properties

6. Does he require an N.O.C. from me if he wants to gift the 3 houses (or his entire properties) to my brother?

If properties are his self acquired, he may dispose in any manner he desires

7. In the above cases do I Have a remedy and can I contest my father�s will ?

You may contest the will but grounds of contest would have to be looked into. One thing is there that adoptive child has all rights as the biological child. There is no distinction or difference on succession.

8. Is the Will invalid if he does not provide anything for me and bequeaths all to my brother?

If father gives reasons to exclude, it may be taken as valid

9. In the above case ie case no 8 can we point out a case of �Undue Influence� on the testator ?

Most difficult thing to prove, but, yes you can point that out

All I want to know is can I contest the will if my father actually deprives me from my valid legal share (as far as the events go I m sure he will do it), and how do I stake a claim on the cash/FD/Jewels.

Read more
Answered on 9/23/10, 12:03 am


Related Questions & Answers

More General Civil Litigation questions and answers in India