Hello, I invested all my savings in India on my mother and father names and bought properties on my mother name for last 20 years. My mother expired without a will. Now my sibling(Also an NRI) is claiming inheritance on my savings. Please advise what needs to be done. Suresh.
My mother suddenly expired because of 4th stage cancer in 3 months. I saved my wife's and daughters gold in my mothers lockers including some cash. My sibling went to india 3 weeks before my mother expiry, and took her in ambulance to banks and lockers and cleaned out all valuables and cash and ran away from India back to US. Now she is refusing to give me back all my wife's inherited gold from her parents and my savings in form of gold , which I bought for my daughters. She gave away my mothers ornaments to servants and drivers without my consent. Please advise. Should I file a police complaint?
If the property movable or immovable is in your mother's name then all your siblings have a share irrespective of whether they invested in it or not.that is the the law. In your case your brother is a dishonest person snd hence this situation.
Regards
In case of jewellery you should file a criminal complaint against her.
You should lodge an FIR against your sibling in India for theft and criminal breach of trust along with section of fraud.
And as per that FIR lodge another complaint in US against her that she ran away after stolen your gold from mother's locker in India. If police in US refuse to lodge complaint then you should send a copy of Indian FIR to embassy and demand necessary action against her.
You should also file a declaratory suit to get ownership of the properties purchased by your funds on mother name. For that you have to show records of transfer to mother's account.
in event siblings claim share in your property bought in mother name you should file declaratory suit that you are absolute owner of property as full consideration was paid by you
2) enclose copy of bank statements which prove full consideration was paid by you
Cash and jewels were in mother bank accounts
mother has withdrawn them
if she has given cash and jewels to your siblings difficult for you to recover said money
1. Since the properties are registered on your mother's name they are her self acquired properties. Hence, the devolution has taken place through intestate succession on all her children equally subsequent to her demise. So the share of your sibling is at par with your share.
2. The remedy in your hands is to file a suit for declaration to declare that you paid the sale consideration of the properties registered in your mother's name, hence you be declared the true owner of the properties. You will have to prove that sale consideration was paid entirely by you.
If you have all details of transfer of money and purchased all movable and immovable property from your hard money on your parents name that needs to be proved in the court.
So you can file case against your siblings that all property belongs to you.
1. bank doesn't keep any record of items kept inside the locker,
2. how would you prove that she had wiped out the gold/cash/etc from the locker?
3. whether the gold purchased by you have any invoice in your name? if yes, and said gold is in custody of your sibling, you can ask her to return the same in a legal format with warning to initiate litigation (Civil/Criminal)
4. since mother died intestate, property will be devolved among all legal heirs until you have some strong evidence to claim the ownership
Eventually you don't have anything to do in case of loss as the latter was operated by your mother but the properties you bought in the name of your mother can be claimed by title suit and you can find this route based on the investment in the properties along with the proof of investment so that the properties can be declared in your title you made a mistake by putting everything in your mother's name where you know that you have that siblings also who can claim the property in case of uncertain demise of your mother
file a declatory suit before court, Please note that you need to show that money was paid by you.
not possible to recover jewels and other ornaments and cash.
Have to file declaration suit to claim ownership on the basis of contribution in purchase of properties. File FIR against her for theft and cheating.
- If the Title deed of the property is in the mother’s name, then the property belongs to the mother.
- It doesn’t matter who paid for the property.
- under Hindu law,if a mother dies intestate, her children, children of predeceased children and her husband have an equal right to the property.
- Hence , the said property will be distributed amongst all siblings , including you.
- Further, if you have proof of payment , then on the bais of proof , you can file a Decleration suit ,to become the owner of the property. This suit can be filed by POA holder on your behaf as well.
- Further on the basis of said proof , and ornaments receipt , you can lodge you complaint against your sibling for the offence of cheating, conspiracy,etc.
you can file a suit for declaration in civil Court to declare you as the owner of the properties in your mother's name on the basis of the fact that the entire consideration towards buying that property was paid by you and not by them. if the court is satisfied that you had made the entire payment and are able to prove the same by way of evidence then the ownership of the property would be transferred in your name.
After the said decree, your brother would not have any claim in such property.
A police complaint can be filed against your brother for misappropriating the articles.
If grey fail to take any action, a complaint can be given to the senior officials of police under section 154 3 of the CRPC.
However, if they also fail to take any action a petition under section 156 3 CrPC can be filed to a magistrate having competent jurisdiction to get FIR registered in the case and investigation ordered.
Your mother was having some source of income?
with regards to gold and cash you may file a case of cheating against them. But the same will be a weak case since the mother who was the owner of the said account had accessed the same and they might deny that they do not have anything.
Regards
Dear Concern,
Please take note -
01. First among all, file a criminal case in against your siblings and the servants under section 406, 415, 420, 506 and 120B of the IPC stating that they have robbed your property and are now threatening you and your family of the dire consequences if you make any hullabaloo.
02. Then file a complaint before the concern US authorities with the help of this registered FIR and get your siblings deported back to India as India and USA have MOU signed in between themselves that they will handover any criminal in against whom cases are pending in their respective countries. Please note that it do not matter if your sibling is now a US citizen and have given up her/his Indian passport and citizenship. He/she will still get deported in India to face trial in India.
03. The moment you are successful in getting the FIR registered in against your sibling and thereafter informing it to the US authorities I am sure your sibling will come to settle out this matter with you. If he/she does then start recording every communication in between you and your family and him/her to produce it before the court of law to prove his/her guilt. But if he/she doesn't then he/she will anyway going to contest the case in the courts of India and will have to prove that as to how these properties which she has very tactfully taken away with himself/herself belongs to him/her.
04. Also please note that any investment or purchase made on the name of parents do not comes under the Benami Transactions so he/she can't get you dragged under benami transaction act case. Please don't get worried on this part.
05. Make sure that you get to collect every proof of your own to prove that whatever is there on the name of your mother has been purchased and created by the money which you have invested. The more the documents you will have with yourself the better your case will be at the end of the day.
Most above, hire a good advocate to represent your case otherwise no matter how many proves you have with yourself you will end up losing your case. It is very important to have a good advocate by your side.
I am sure that if you get to do all the above stated then you will easily win the case and will get what belongs to you.
My best wishes to you.
You can file a cvil suit to claim your property and money by proving that the funds through which the same is purchased or the money transfered by you to mother is from your known and legitimate source. It's a civil case
1. You have bought properties in the name of your mother paying from your account.
2. File a declaratory suit now praying for a declaration that the said properties are to be considered as your properties since you have paid for the consideration while buying those properties and the concerned Registrar is to be directed to amend the title deeds of those properties considering you as the owner of the said properties..
1. You shall have to first lodge a police complaint against your sibling for stealing your movable properties and try to get FIR registered against her.
2. If police refuses to register FIR ,file a Writ Petition before the High Court praying for an order upon police to register FIR based on your complaint, investigate and act as per law accordingly.
3. If you can handle the matter properly,arrest warrant can be issued against your sibling.
4. Finally you shall have to file the declaratory suit for the said properties as suggested in my earlier post.
Since the property was bought on your mother's name, your mother becomes an absolute owner of the property.
Now upon her intestate death the properties left behind by her shall devolve equally on all her legal heirs i.e., you and your siblings.
Therefore your sibling has a right for a legitimate share in the property which you cannot legally deny, however you can arrive at an amicable solution with them so that you dont stand losing a major share.
You can lodge a criminal complaint with the police about this act of theft or robbery.
However please remember that she is hiding in another country hence the Indian police may not be able to nab her and also you cannot give a complaint with US police about this for the incident that took place in India.
Consult a local lawyer and proceed.