My mom is a senior citizen and sick since last year. My mom had 3 brothers, 1 passed away few months back. As that brother was divorced he had 2 daughters.He had nominated my mom on some of his bank money/FD. There is a inherited property. One of the brothers is in canada and other brother is in delhi. He has 2 sons. But the property from their parents is still there in Delhi which was never distributed by thier parents. So, he or the expired brother would have had a legal right. Now the eldest brother is accusing my mom of stealing the property papers and the money as she was the only one who attended the funeral from family. He has filed a complaint for it. Police called for statement but they want to do it in person. Dealing with all these losses my mom lives with my sister who has very small children. What shall we do, we don't get time from our daily chores, and on top of that these unnecessary complaints. My sister lives in mumbai with her kids and husband. My mom went there for treatment of cataract and other health issues. The FD money amount is around 12 lakh but as my mom is the only one in India, they are harassing us. What can we do to protect us and avoid these things in future. What should be our immediate actions ?
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You should hire some advocate to appear on your mother's behalf in the police station where your uncle has filed a complaint and give her statements in writing.
Her appearance is not mandatory as she is a senior citizen.
Morever, it is q civil matter and criminal case is not maintainable under the provisions of law.
Regards.
Your mom can Complaint against him under domestic voilence Act for mental torture. He can't harass her. She can also claim maintenance from him through 125 crpc and domestic voilence Act
See if complaint is there then in that case your mom can seek time and then she has to appear before police and give her statement and further record that she doesn't have any document. If she fails to appear police can lodge FIR.
Further nominee is only trustee on behalf of legal heirs she has no claim over the amount.
File FIR quash petition in HC.
apply for and obtain letter of administration from HC or district court having jurisdiction in respect of deceased father movable and immovable properties
2) as far as money lying in brother account is concerned your mother is trustee for said money
3) on brother divorce his 2 daughters would be legal heirs
a nominee is a trustee and not the owner of the assets. She is only a caretaker of assets. The nominee will only hold asset as a trustee and will be legally bound to transfer it to the legal heirs.
You can hire a advocate on behalf of your mother.
Your mother should visit police station and give her reply statement about issue.
1. if your mom was nominated for the FD money, then she would have to hold it in trust for the legal heirs of her late brother
2. so its advisable that she distributes the FD to them so that she does not incur any liability
3. if the Delhi property is not sold by your mom, then her brother should have no qualms about it
4. if your mom cannot attend the police, she can simply give her statement by an affidavit which can be submitted to police
5. its advisable that all true facts be told to the police
1) As per movable property if one is nominated means the amounts does not belongs to his/her it means it will be in her custody for time being and will be distributed to legal heirs accordingly.
2) Now only the 2 daughters had legal rights on amount and your mother should hand over those amount to them.
1. What is the complaint lodged against your mother in connection with the propertyb papers and the FD amount?
2. Has it been complained that she has taken away the property papers/
3. If she does not have the property papers, then she should tell the police accordingly and if she has the same in her custody, then she shopuld also tell the police that she is holding the said papers for filing partitition or title suit in connection with her parental property.
4. If she is the nominee of the FD account of her father then she shall have to equally distribute the said amount amongst all the legal heirs her father since nominees are cobnsidered as trustees and not owners of the Bank related amount kjept in the Bank amounts.
5. I is a civil matter and not a police case. So, police has nothing to do with it.
6.If her elder brother files any case against her4, the she shall have to contest the same fittingly by engaging a local lawyer having expertise in thisn field.
Hi,
You are suggested to sit and amicably settle the issues keeping well wishers also in between and if not settled, go for the complaint against uncle for unnecessary harassment met to your mother.
Since this matter has been reported to police and the police are investigating the issue, you may better cooperate with the police and get the case closed if your mother is innocent of the charges.
You take the guidance of a local advocate on all such further issues including getting an anticipatory bail if necessary.
