Joint family settlement case
Mr. A has 2 sons B and C. In 1980, Son B didn't go for higher studies went in military for 20 years. Son C went through college but didn't work and was unemployed throughout 20 years and stayed with Mr.A living off of Mr.A savings and reitirement income. After 20 years, in year 2000, Son B returns home with his savings and retirement income from military. Then Son C happens to go to foreign country. At that time. Mr. A had very little money left and Son B has his retirement income plus starts working and get earning money. Now the situation is Mr.A living with Son B Whereas Son C who went to foreign country starts sending money to back to India to Mr.A and Son B for next 12 years as for purpose of investment. So, now in 2012, when Mr. A expires, Son C wants his money and divide all income in India. So how that total income in India is divided between 2 sons considering the history and current situation.
Asked 4 years ago in Family Law from Vadodara, Gujarat
simple . C must have record of all money sent to A through banking channels . after taking into account household expenses balance amount would be C share which he gifted to A
. whatever funds are in A account should be divided equally among both sons
The amount lying in India in the bank accounts of A and all the movable assets of A would be divided equally between B and C after the death of their father A. Furthermore, all the immovable properties, if any, of A would also be divided equally between B and C.
If C has all the records relating to the money he sent to his father A and brother B in India then he has the right to recover it after household expenses being defrayed therefrom.
you must be having all records reg the said transfer ,calculate it and calculate the value of the property and other moveable property ,asses it total value ,from which deduct the amount sent by you as transfer ,divide the balance equally among the hiers
Advocate, New Delhi
But problem is the money which was sent india was not kept in whatever accounts available. Son C never asked for interest or balance when Mr. A was alive. Now since he is dead, Son C wants all his money back. On this Son B reaction is if we have to settle it should from get go from years before 2000 when for 20 years he was fed by Mr. A. Because Son C is doing all accounting after 2000 when he went to Foreign country. What about responsibilities towards Mr. A ? B never asked for his share when he was out in milatary for 20 yrs.
Asked 4 years ago
money was gift by son C to his father . it was not a loan transaction that he can recover from estate of deceased . A has utilised money for his expenses . since no accounts have been maintained insist that balance lying in account of a be divided equally
The money which was given and of which no record was maintained and document executed creating rights of recovery cannot be recovered now. C can cull out his share from the movable and immovable properties of his father.
contact a Lawyer personally it will be better
Advocate, New Delhi