• Safeguard father's property after his death

I lost my father last month in Rajasthan, he lost his voice and physical movements in his last days so I don't believe there would be any will. I am only the son I have two sisters and stepmother. I doubt that my younger sister is planning to operate my father's locker post his death along with my step mother they have never told me about bank locker and I am not aware in which bank it is. Please suggest to stop them. Father also left one house, where currently my stepmother live alone, please guide to safeguard.
- Deepak Pansari
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

On father demise you have one fourth share in deceased father property 

 

2) you can issue legal notice to sisters and are mother to disclose details of bank locker standing in deceased father name 

 

3) you can apply for letters of administration in name of legal heirs in Rajasthan where the property is located 

 

4) enclose father death certificate 

 

5) if there is no contest LA takes 6 months 

 

6) contact a local lawyer 

 

 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

If they dont cooperate and if you suspect them to indulge in any fradulent activity in this regard, you may first issue a legal notice advising them to refrain from such activities and to agree for an amicable partition failing which you will be constrained to initiate action legally as per law.

After this legal notice if you find that they are still indulging in such activities, you may file a partition suit with an injunction application seeking to restrain them alienating or encumbering the property in any manner till the disposal of main suit.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

If your sister or step mom were appointed as nominee for bank locker by your father, then after his demise, the bank will release funds to the nominee

However a nominee doesn't automatically become owner of the funds so transferred 

He has to hold the funds as a trustee for all legal heirs of deceased and account to them

To safeguard your father's property, you will have to obtain letter of administration from court and have registered transfer deeds made by administrator 

As your father died without a Will, his assets will devolve on his legal heirs, who are his mother (if alive), widow and children, in equal shares

You can also file a partition suit to claim your undivided share 

For now you can write to bank and land record authority, not to do any transfer at the behest of your sister or mom, unless they produce a valid LA from court

You can also issue public notice in newspapers warning not to deal with the property of your father without your consent as you have a legal share in it

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

Sir file for a succession certificate for all movable assets and amount and property in locker under father's name . Also pending the succession certificate course obtain a stay on opertation of locker.

The court shall give succession certificate in favour of all 4 based on which all movable assets can be divided like amount in bank account property in locker 

 

Further for immovbale property ,you all have equal right over it and can get it mutated in your names and further can file partition suit for the share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) If you know your father's PAN number on that basis you can find CIBIL records in that you will come to know in which banks your father has lockers, FD and saving accounts.

 

2) For tell rights on all these immovable and movable property you have to apply for succession and legal certificate in the court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Are you claiming here that you are the sole heir? No sir. Your stepmother and your sisters are equally heirs to your deceased father

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. Unless you know the bank in which locker exists you cannot adopt any remedies against your step mother and sister.

 

2. Send an application under RTI Act to the head branch of every bank in the city to seek details about the bank locker.

 

3. The house of your father has devolved on his widow and all children equally if he died intestate.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Client, 

If no WILL than his assets will inherit by 1/4th each. Apply for wealth tax and income tax statement to ascertain bank accounts and properties. File partition suit if no amicable distibution of assets.  

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. Serve a proper Legal Notice to Sisers /Mother, restraining them from selling /transferring /alienating /opening bank locker, of the deceased in any manner and that you have equal rights over the property of the deceased.

2. Serve a Caveat to the Bank /Tahsil office restraining the from transferring the house etc....

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir equally. 

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

A. When a male Hindu died intestate (without execution of will) that his property shall be distributed between all the class 1 legal heirs equally viz., Mother, Wife, Children (Male and Female) as per the Section 8 of Hindu Succession Act, 1956. 

B. As far as the movable property is concerned, succession certificate must be taken and submit the same before the Bank.

C. You may approach civil court to claim Partition over the all the properties and get interim injunction order in the event of alienation of property is happening or claiming right over movable assets unilaterally. 

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

Dear Sir,

Your properties are under danger and your step mother and sisters may take steps to transfer the property in their names. Approach the Civil Court immediately and get a stay order and file representations before concerned authorities along with stay order not to transfer the said properties in any other names until final orders given by the Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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