• Property papers

Father expired 6 months back, sister was given access to my father bank account and locker. I was of the opinion that she has the property papers. Earlier she had agreed, now she says that she don't have those papers.
How can the law help me?
Asked 8 years ago in Property Law
Religion: Hindu

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13 Answers

1) apply for and obtain certified copy of sale deed from sub registrar office

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

If property is subject matter of litigation mutation would not be done pending hearing and final disposal of suit

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

1. How was your sister given to the bank account and locker of your father?

2. Was she made a nominee of the said accounts or the she was the joint holder of the said accounts and locker?

3. If she was the nominee of your father';s account, then she is considered as a trusty of her father's amount kept in the said account which will be equally shared by all the legal heirs of your father.

4. Find out the amount which was kept in the said bank account and then file a partition suit for the said amount and also the movable assets kept in the locker.

5. You can write a letter to the bank for not allowing the said locker to be operated by any body till the partition is decided by the Court.

6. You can also file a partition suit claiming your share of the entire properties of your demised father and also can file an application praying for an order upon the said bank restraining anybody to operate the account and the locker till the suit is disposed of.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If you know the details of the property, you can get a certified copy of the property title deeds directly from the registrar's office provided your efforts to trace the original documents do not fetch fruitful result.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

When the property is under litigation the Municipal authorities may not entertain any application for transfer of Khata

you may have to wait for the disposal of the pending litigation.

There is no other alternative to this.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

1, Reating proeprty or bank account papers does not make the custodian of those the sole owner of the proeprty.

2. So if you have got details of those liquid assets then there is nothing to worry. File a proceeding for issuance of Succession certificate so that the releases your due share to you.

3.As regards his immovable proeprty you will have to file a suit for partition to claim your due sahre and separate possession.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Your sister was given access to the account and locker of your deceased father , it means her name is entered as nominee to your father.

All the beneficiaries have to right to get their share in the fund , even one is deemed as nominee .

Further , you are dark that whether the property papers left by father is in the custody of your sister or not.

If, you are aware for the property , you can get the certified copy from the registrar office of your area.

If, the concerned site is in litigation ,you can get the copy or details from the court as well.

For getting share in the property and also in fund left by him, you should file a Suit for Partition , Permanent Injunction. Before filing the said case , you should give one notice to the bank to stop operation of the said account/locker of your deceased father till the final decision of the case.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You can get the certified copies of the documents of the property from the jurisdictional Sub Registrar's Office and it is as good as the original one.

2. For obtaining the Khatha, you have to apply for it in jurisdictional BBMP Office by enclosing the documents along with your father's death certificate.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

1) for bank account legal heirs, you have to provide succession certificate by court.

2) and for to update in municipal corporation you have to get legal heirship from court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. If she has the original papers of the property then her possession of the same cannot be termed illegal by any method of legal interpretation as she is a Class 1 heir to her deceased father.

2. You are at liberty to obtain certified copies of the papers from the office of sub-registrar.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Obtain a Legal Heir certificate and get the names of all the Legal Heirs mutated in the revenue records.

As regards to the pending Legal dispute, if your father was a Party to this, substitute him in this case and contest the same on his behalf.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

Father expired without a will?

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If yes, then obtain a succession certificate and then claim your share in the property (movable and immovable).

How did sister gained access to the bank accounts, without any courts order?

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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