• Will and transaction in bank account

My father expired 2.5 months before and he has three son and three daughters. He use to live with one son and we asked him did he left any will , we got a answer no . But there are relatives who are there saying he would show the will to us when we would do some thing, i want to ask if he shows a will now what we should do and we are sure as of our knowledge that he has forged the will and signature are not correct . Secondly One of the son and my father was partner in the firm of 50:50 , the son is still operating the bank account and business and saying us we would do our settlement but not doing my any thing . We have given a letter in bank stating that transaction should be stopped in partnership account as one partner is no more and we are legal heir of the deceased partner .What future course should be take
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

The best course at present is to file a suit for partition and meanwhile get the accounts seized. Challenge the will in the suit if it is produced by the persons who have got a forged will prepared. You may in the meanwhile file an FIR as well against the son who is misusing the bank documents.

Has the bank replied yet to the application given by you?

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

Ask him for a division through a family partition with the consent of all the legal heirs, if he hesitates or shows resistance, file a suit for partition seeking your share. If he takes defence of the will and brings out the same, challenge the same a in a suit.

Send a legal notice to the Bank to freeze the account.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1) If WILL is not registered with the registrar, than you can prove that this WILL is bogus or faulty WILL.

2) You can stop bank transcations, by providing details that you are the legal heirs of deceased.

3) You can apply for the legal heirs and succession certificate, than show details in the bank and on property mutation authority.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

Firstly, go and apply for the legal heir certificate in the civil court.

Secondly, then file a suit for share in the property.

Thirdly, if they have anything to show then they would definitely come out and you challenge the same.

And otherwise also there is a limitation for the execution of will.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Since your father died intestate you have one sixth share in his property

2) apply for letters of administration in district court n name of legal heirs for properties standing in name of deceased father

3) on demise of father partnership firm stands dissolved

4) When a partner dies, subject to any contract to the contrary, partnership is dissolved. Section 42 of the Indian Partnership Act, 1932 (“Act”) provides for dissolution of partnership on occurrence of certain contingencies which includes ‘death of the partner’ as one of those contingencies. Plain reading of the Section 42 would show that, subject to the contract between the partners, a firm stands dissolved by death of a partner. However, in cases where the terms of the partnership deed are silent on continuation of partnership’s business, a contract to continue the partnership after the death of a partner may be implied from the conduct of the parties

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Partnership firm desolves after the death of the partner and any partner without the hairs of the deceased can not operate the business.

You may send a letter to the bank requesting to freeze the account on the basis of death of the partner and take the legal action against him

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. No will is valid unless probate for it has been availed from the Court.

2. So, your said brother shall have to file an application before the Court praying for grant of probate and at that time notice will be sent to you along with the copy of the said purported will to enable you to contest the said probate application fittingly.

3. You should now file a partition suit claiming share of your father's landed properties and also share of the business held by your father along with the share of its past, present and future profits claiming the arrears.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

For will: it's validity can be challanged in court and if the will is unregistered and can also ask for hand writing amd sign expert along with the testimony of witness of.will.

For firm; as it is a two partner firm the firm shall be disolved on death of one partner and share of partner's demise shall be distributed among all the legal heirs.

As for a partnership fim to exist there should be atleast two people are required under the section 4 indian partnership act. So in this case the firm can be disolved a legal notice for same can sent and if there is no mutual.dissolution it can be filed.in court for dissolution of firm and distribution of assets of firm.

When there are two partners, and one of them dies, the firm is automatically dissolved even if there is clause in the partnership deed that the firm will continue in existence. In the case, Mohd Laiquiddin vs Kamala Devi one party claimed that the partnership continued though one partner had died. The court rejected this contention explaining that the firm is deemed to have been dissolved despite the existence of the clause. Upholding the view of the Andhra Pradesh high court, the SC saidpartnership is not a matter of heritable status; it is purely one of contract under Section 4 of the Contract Act

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can challenge the said will in court and you need to take injunction for non operation of the said bank account.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. A Will has no value unless and until it's Probate is applied for and granted.

2. So if any Will is applied for Probate you will get chance to prove it as forged or doctored and if it so proved forged no probate would be granted in respect of the said Will.

3. If there is provision on the partnership deed about the induction of legal heirs as partner on death of one partner then once your father dies the other children can apply for becoming its partner.

4.. otherwise the firm would be dissolved and the share of money lying in account of father would be equally divided among all his legal heirs. if the other son is not doing this ou cna file a suit for dissolution of partitioner firm and rendition of accounts.

5.You have taken the right step in informing the bank/

6.You can file a suit for partition and injunction also to divide the property left by your father.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

Dear Client,

Being legal heir, enjoy assets of father and distribute among self. until WILL not bring in sight, can`t be about its validity/forged.

What kind of partnership is it ? As partnership firm dissolves by the death of a partner; but depends what kind partnership it is.

Also, in the event of the death of a partner, his heirs or legal representatives or their duly authorised agents shall have a right of access to and to inspect and copy any of the books of the firm.

Regarding, Bank accounts, share other financial securities, if brother is not cooperating, can file succession suit.

Acc. to Hindu Succession Act, assets of father will devolve by 1/6th share each and if mother alive than 1/7th.

Can contact for assistance in Jaipur,.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Hello,

Pursue with the bank so that the bank account is closed.

If at any point of time he applies for probation of the will then challenge the same on the ground of it being false, fabricated and illegal.

Be in touch with a local lawyer

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Since you have taken precaution to stop from transacting with the lone partner, you may also initiate a partition suit seeking partition and separate possession of the properties left behind by your deceased father.

You consult a local advocate and initiate the process of filing the partition suit

Once you go to court seeking partition he may come out with the will, then you can challenge the will.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

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