• Daughter's share in property

Already I have mentioned my issues under the head of daughters share in property. My mother made  the will when she is of sound mind but my brother made her to do so by coercion.  But I don't have proofs for that .  I know it's true. Now she is of unsound mind but I don't have proofs for this also. I have approached the banker and represented the same.  He said that we are no way related with your issues. If my brother applies for VRS on behalf of her they will accept and the benefits are transferred to her account the banker Said. My mother is bank employee. The banker is saying that we are no way concerned about the benefits who will take them they are saying.  The banker is saying that they accept the VRS application put by my brother on behalf of my mother and transfer the benefits to her account they are saying. You suggested me to put a letter to the banker. OK I will put the letter if the banker ignore it what can I do. Should I put the letter through a lawyer.  When my letter become valid to the banker. Should I just write a letter to the banker. Suggest me how to write the letter to the banker and how to submit to the banker.
Asked 1 year ago in Property Law from Guntur, Andhra Pradesh
Religion: Hindu
1) issue legal notice to bank not to make payment ofVRS proceeds to your brother 

2)make application for beimg appointed as guardian for your mother under mental health act 

3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
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1. Get your mother examined by a psychiatrist to determine her mental state of health and take a certificate from the doctor regarding your mother's health.
2. If you are so sure of coercion adopted by your brother in getting the signature of your mother on the WILL, you start collecting evidence for further action.
3. Send a letter to the Bank, through registered post acknowledgement due, that you are the daughter of their employee and a legal heir, alongwith your brother and since the employee is not of sound mind, they should not accept her VRS application and even if they accept her VRS and credit the proceeds to her account, the Bank should not allow her son(who is not the only child of the bank employee) to withdraw the benefits without your knowledge and the bank has to take NOC from you before disbursement of the amount.,
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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1. Your legal remedy is to challenge the will of your mother as it was executed under coercion.

2. There can never be documentary proof of coercion.

3. The position taken by the bank is also appropriate as in the absence of a court order the bank cannot refuse to accept the VRS application of your mother. What you need is a judicial order.

4. You can issue a lawyer's notice to the banker. A plain letter written by you will not even invite the attention of the concerned officer in the bank. If even the notice from your lawyer does not produce the desired result then you can file a lawsuit to seek the appropriate orders from the court including a stay order.
Ashish Davessar
Advocate, Jaipur
18255 Answers
450 Consultations
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pf and gratuity is self acquired property of the retd employee. you can't claim in it. but you should give a notice to the banker that post retirement benefits shall not be given to the employee's account. and file a civil suit under section 39 SRA for declaration of you as a legal heir. your brother will contest it and adduce evidence that he is sole heir. you have a chance to adduce evidence in support of legal heir. if it is proved then court shall pass an order to include you both as a nominee of the account and disperse amount by the signature of both nominee. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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1. If you do not have proof that your mother was coerced in writing a will in favour of your brother and also that she is of unsound mind now then how shall you prove your point before the Court?

2. However, collect such evidence and file a partition suit claiming qual share of all her movebale and immoveable properties,

3. Alongwith the said partition suit file an application for a stay order estraining the Bank to allow your brother o withraw your mother's money from her account till the partition suit is disposd of.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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