My grandfather had property and FDs and gold and money in his name, after his death 8 years back my uncle took over all the money and didn't split. Now, my father wants to file a case against him and get half of the total amount to which he is a legal heir. My father, doesn't have any information on the accounts & gold my grandfather had. The local lawyer told him to file a legal notice claiming 50Lacs from the share and so the notice needs to be on 50K stamp paper. What steps should be taken ahead, is there any hope of getting money after such long time gap? Is there a cheaper way to follow and can this be moved to a fast-track court?
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Your father has to issue legal notice to his brother claiming equal share in property, fixed deposits standing in deceased father name
2) bank would not hand over proceeds of fixed deposit to uncle without your father consent
3) legal notice is not required to be on stamp paper
4) if brother refuses to give equal share father has to file partition suit for division of property by metes and bounds
5) claim is not barred by limitation
1. Unless and until there is documentary proof if movable assets of your grand father which changed hands to your uncle there is no fruitful measure to stake claim your father's share.
2.Hence sending of such notice makes it a futile exercise.
3.however if there is immovable property left by your grand father your father can claim share in it by way of filing a suit for partition.
Before filing the civil suit your father should pull out information on the assets held by his father. To this end, he can send lawyer notices to the bank(s) and mutual fund houses. The court will order the division of only those assets which are disclosed by your father in his suit. It will not venture to itself locate and find out the assets of your grandfather.
Dear Querist
For Notice, no stamp paper is required.
when your father don't know the accounts and gold of your grand father then how can your father calculate his share, first of all try to find out the account then proceed further.
if there is any properties of your grand father and your grand father died intestate then your father may file a civil suit for partition, except this there is no other option your father have to file the cases against your uncle, as per your information.
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Getting money or his share of money at this stage is not possible because it is barred by limitation, i.e., 3 years.
You may follow the advise of your lawyer.
My father has details of property and plot, but we don't have details of Account number or PAN card or gold locker details of my grandfather, how can we get those details without a legal case? How will banks give details of such accounts? Also, if my uncle has removed all money from my grandfather's accounts as he had all the details, how can I trace those back legally? As 7 years is a big period how can I make this case strong, when we have no proofs or documents of my grandfather?
issue legal notice to uncle to give details of money lying in grand father account on his demise
gold lying in his bank locker
if he refuses to give file suit and seek court orders to direct brother to furnish these details
in the alternative request bank to furnish these details as father is legal heir and his consent is necessary to open the bank locker and money lying in bank account
If the case is barred by limitation, then you may not be able to sue him for recovery of money or claim your share legally.
Generally the limitation is only three years from the date of cause of action for money recovery.
How do you get the details of bank account or any other information will depend on the the sources you may look for or rely upon.