• Father misusing money

My mother was a working woman and father unemployed. My mother expired on 31.08.2014. She was working in a PSU and retired in 2011. All the money she got at the time of retirement was deposited in the bank jointly in the name of my father and mother, with the nominee as myself and my brother. After my mother's death my father transfered all the FDs in his single name with us as nominees. A flat at a prime location in Kolkata purchased by the money of my mother is also in name of my father. Of late my father aged around 64 years has totally changed and got attracted towards a maid servant. We are afraid that he may transfer all assets and FD in the name of that maid. Can we take any legal step to prevent him from doing so?
Asked 2 years ago in Family Law from Bokaro Steel City, Jharkhand
Religion: Hindu
1. Since the house is bought in his name, nothing could be done for this.
2.However you can protect your due share in the retiral benefits that found itself in the hands of your father.
3. To get this share or safeguard you should file a suit for partition and injunction without further waste of time.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) your father wont transfer flat in name of maid servant . 

2) if flat is in father name he is absolute owner of said flat . he can dispose it as he pleases . 

3) the money your mother received at time of retirement you have 1/3rd share . you can file suit to claim your share in said retrial benefits
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
1. Strictly speaking your father is the absolute owner of the flat and also the amount lying in the Bank in the joint account of himself and your deceased mother,

2. Your mother had, during her life time, had deposited all her retiral benefits in the said account probably with the withdrawal instruction allowing either or survivor,

3. Based on the above instruction, your father is the absolute owner of the said amount,

4. had he not been so authorised, the Bank would not have allowed him to deal with the said amount,

5. You can lay your claim for your share of the amount releases by the employer of your mother  after her demise, if any.

4.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The absolute ownership of the flat is with your father as it is registered in his favour. So he can deal with it in the manner he desires. He may gift, sell or will it in any one's favour. If you have cogent proof to show that the consideration of the flat was paid by your mother then you can file a lawsuit in the court for declaration that your mother is the owner of the property. If the court holds your deceased mother as the owner of the property, you will as her legal heir get an equal share in the property, You may also seek a stay order on the transfer of flat by your father. Whether the proof in your possession, if any, will stand the scrutiny of the court, will have to be ascertained before filing the case.

2. Since your mother died without making a will you have an equal share in her retiral benefits and all her liquid assets. Your father cannot assert absolute ownership over the same. As such, you can file a suit for partition to cull out your share therein.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
Dear Querist
you may file a civil suit for partition against your father being the amount was from your mother from which that property was purchased.

you may file a criminal case too for breach of trust for transferring the amount without your permission or written consent in his account.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
131 Consultations
4.9 on 5.0
Hi,
You are advised hereby that, you can claim you share from the movable and immovable properties belonging to your mother.File partition suit before the District court .Till the preliminary decree request the court to order for status quo ante regarding bank account and other properties. About his affair with maid is his personal matter , being the children , you should not involve your self directly, engage elders of your society to deal the love affair.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0

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