You cannot obtain court orders restraining your grand daughter from going abroad
2) her passport would not be impounded
3) you have to sue your daughter in law for recovery of your share of rentals
4) claim beyond 3 years is barred by limitation
Debt recovery from daughter in law
I am 70 year old, Female ....Myself and my son had executed an agreement jointly with mobile tower company as a result My son had been receiving license fee for the last 10 years in a joint account owned by him and his wife.My son passed away last year. My daughter in law is now not willing to give that amount back. She does't have any assets so I am unable to any attachment.But her daughter(My granddaughter) who is undergoing a professional degree course in UK is now in India for vacation. Is there anyway I can file a case and prevent my granddaughter from fleeing out of India by the way of confiscating passport etc ... ? I doubt my daughter in law used the aforesaid amount to fund my granddaughter's foreign education ?
Asked 5 years ago in Civil Law
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7 Answers
Your grievances are against your daughter in law only and not against your granddaughter.
You cannot file any case against your granddaughter.
If you have to file a recovery suit, you may have to file it against your daughter in law only.
Whether your daughter in law is having any property or not, first of all you file a money recovery suit based on the documentary evidences that she owes you a sum of amount.
Let she answer the court with her own reasons.
As your son is also one of the joint owner of the property, his legal heir being his widow is also entitled to a share in the revenue derived from the jointly owned property
Therefore you may claim the revenue to the extent of your share alone and that also you can claim only for the last three years and not beyond that.
1. Has your son made nomination for his account?
2. The remedy in your hands is to file a suit for recovery of money in the competent civil court to recover your portion of the licence fee. On the intestate demise of your son, all his assets, movable or immovable, have devolved through intestate succession on you and his wife.
3. You cannot prevent your granddaughter from going out of India.
Please do understand that in joint account it is easy to access both persons .If either you or your partner dies, the other will in most cases have access to money. In the contrary the decision held by kerala high court in Padmanbhan Bhavani and others vs.-Govind Bhargavi and another, that decision tends to hold that if an account is held jointly on the term, either or survivor, on the death of one of the joint holders, it cannot be presumed that the entire balance in the account will go to the other joint holders.
So you can raise a claim for that money if there is no will or any document silent with regard to your sons assets. If the money is used for good purpose and education for your grand daughter then better to support her .
@Ajay Sethi @T Kalaiselvan what if my daughter-in-law had already filed a recovery suit against me claiming the amount she spent for family house renovation ? Can I mention about recovery of my share of rentals beyond 3 years in reply to her case to adjust with her claims ?
Asked 5 years ago
If your daughter has filed suit she has to substantiate her claims
2) prove she spent the money with supporting vouchers , bank statements
3) you can take the plea that she has pocketed your share of rentals all these years
If she demands return of the amount she invested towards the renovation, she may have to furnish the details of investment including the transactions made by her by producing substantial documentary evidences to establish her claim.
In that case, you can mention about the monthly rental amount she had been deriving out of the property since inception, you can deduct the proportionate amount that was due to you from the property since inception of the concept of monthly rental amount that she had been collecting from the initial stage till date.
She cannot deny the fact of receiving the monthly rental amount from the beginning till date, hence the court may pass an order to deduct the amount that was due to you out of the monthly rental amount, and may pass an order for the balance amount of her investment,m if any left out as on date.
In that case, you can make the calculation of your share of the rental amount due to you so far and produce the same before court to justify your claim.
1. If she had already filed a suit against you then you must have received summons from the court. Search the case status on ecourts app.
2. You can raise a counter claim in her suit, if she has already filed it.