Issue legal notice to sibling to furnish list of assets standing in name of deceased mother and to furnish mother income tax returns
if she refuses court can direct her to furnish the details
Hello, my mother had many certificates of deposit in India (Goa) but died without a will. Although some of the certificates are known, many are not, and she listed one sibling as nominee to distribute the certificates. That sibling has taken out quite a bit of money, but it is unclear what and from where. Is there a way to determine all of someone's assets at the time of death? I believe mum recently payed taxes on the certificates- is there a way to find those documents? The sibling does have access to that information and her accountant but refuses to share it with any of the other siblings. A court case has been filed, and we would be interested in hearing from advocates in Margao, Goa who could represent us in these proceedings.
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Issue legal notice to sibling to furnish list of assets standing in name of deceased mother and to furnish mother income tax returns
if she refuses court can direct her to furnish the details
1. Nominee is mere trustee and hence nomination can not override the law of succession.
2. In other words on death of your mother intestate all her assets , both movable and immovable properties would be liable for division among her legal heirs in equal share.
3. Now any of the legal heirs is deprived pf his due share he can file a suit for partition to claim his/her due share.
A nominee means he is entitled to assets in case of movable assets ie money. You may contact the income tax department snd ask for her tax returns or through her PAN card find out about her investments.
You can file the same through RTI from the registration office. All the documents related to property can be searched by names
See you may check your mother's documents, also can take a copy of her ITR returns from the department further you may file for succession certificate to receive such funds.
- Since your mother died without leaving any WILL , hence her property/assets would be devolved upon all the legal heirs .
- The said sibling cannot take others share legally , after keeping in dark to them , and further only nomination will not give him benefit against the law of succession .
- You should issue a legal notice to the said sibling , to share the property /assets equally .
- If refused , then file a suit for Partition and Permanent injunction before the court.
- Further in that suit , file an application for producing the details of all property /assets left by your deceased mother before the court.
You can get the information through the auditor who file the ITRs of your mother;
Alternately you can obtain information from IT department by submitting an application through RTI act.
You can issue a legal notice to your sibling to furnish the details of your mother's deposits at various banks or financial institutions
You can try to retrieve the information through your own reliable sources too.
If you want any information through legal channel then you may have to file a petition before the court where the current cases are going on to direct the sibling to produce the details of your deceased mother's deposits.
The nominee sibling will have to account for the CDs and the liquidation money to other siblings
A nominee holds the assets of the deceased only as a trustee and thus is answerable to all the legal heirs as such a trustee
You can seek disclosures from the sibling about all the assets held by your late mother, in one of the reliefs sought in the court case which is filed
1. Which case has been filed and by whom?
2. Nominee does not succeed alone to the assets, his duty is to divide the assets between the heirs.
3. You may file a suit for recovery of money against the nominee.
4. Application can be filed under Right to Information Act to the fund house to find out the deposits held by your mother.
1. She is expected to declare all her assets, investments and savings in her Income Tax Return.
2. If you can lay hand on her last ITR filed before her demise, you are expected to get the total picture of her immovable assets.
3. You can pray for a direction upon the IT department to submit her last 10 years ITR in the case you have already filed..
there are number of lawyers in this website from GOA having good ratings . you can check their profile on the website and contact them through this web portal.
You need to issue notice to your sibling asking to furnish the details of movable and immovable properties left by your mother.
If your sibling fails to furnish full details, you can seek intervention of court by filing application seeking direction from court against your sibling to furnish details of properties of mother and also bank details of your sibling.
1. You can make an RTI application for getting detailed ITR of your mother from income tax department.
2. And also make an application for getting information about properties of your mother from revenue department.
3. You can also make an application in court for giving directions to your sibling for providing details of assets of your mother at time of her death.