Legal Question in Wills and Trusts in India
My mother expired in 2000. My father who expired few days back intestate is survived by 2 sons ( myself elder ) and a middle daughter. After suffering from his whimsical behaviour for 10 long years and getting tired of his transactional behaviour only with me ( inspite of the fact that I am a doctor and have fulfilled all my responsibilities towards him and other family members ) I was not on talking terms with him for the past 2 years. Its my misfortune that even though my brother and sister were aware of the multiple injustices my father did on me ( because of a negative change in his personality after death of my mother ) they did not convince him to change his money minded behaviour towards me. I am well respected as a doctor , am financially independent and married. In these past two years ( as I came to know from well wishers ) he continued his partial behaviour , bestowed gifts and gave many other things to my sister and totally supported my brother ( who is physically normal , mentally average )while doing nothing for me. I always was suspecting that my sister ( probably influenced by her husband ) purposefully ensured that our relations never became normal because of the lust she had developed for having an entire share of my father's property ( knowing that my brother was easy to manage ). My father died intestate few days back and now my suspicions are slowly consolidating coming to know of the steps that my brother in law , sister and brother are taking behind my back to try to deprive me of my legal rights and thereby add to the injustice that has already been done to me. What I want to know is how to ensure that gold and silver assets are not confiscated by my sister as there may not be any written record and we were not on talking terms. Also is there is any binding under any section of law on them to disclose all his assets truthfully. Should they conceal some assets and should I come to know that they have done so at a later date does any punishment exist under law? Please , please advice.
4 Answers from Attorneys
As your father died intestate, you are entitled to a share under the Hindu Succession Act, Now it is important to determine the total assets left by your father(which presumably you will have knowledge of) and file a suit for partition of all the assets.
There are ways to determine the complete assets and ensure that all the properties are partitioned.
Kind Regards
Setu Niket
+91-987309672
18.01.2013
Dear Sir,
I advice you to adopt a humble approach, but exercise a good deal of tact and diplomacy whilst dealing with your sister and younger brother in the matter. Being the eldest legal heir, your first task at hand is to make a fair assessment of the remaining unallocated total property (land, flat, jewellery, etc) of your parents. In the absence of a specific Will left behind by your father, you become the co-partner to partition your parent's remaining unallocated property and equally divide it amongst you, your brother and sister. Keep the Law aside for the moment, and look towards restoring important family ties with your brother & sister, if you do not wish to lose out.
Regards,
FCA Prashant Chavan
(You can also mail me for further on-line advice at [email protected])
As both your parents have died intestate, all three children are entitled to an equal share in the property. You can file a suit for partition and ask for interim reliefs to ensure that assets are not fettered away.
Approach a good lawyer in you area, and take appropriate steps, to safeguard your interest.
You have 1/3rd share in your parents immoveable and moveable property(ies). File a suit for partition before the court and get everything sort out legally by Court. Engage a good lawyer to guide you..........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
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