• Claim on jewels taken from bank jewel loans

Dear Lawyers,
A person named Ravi (Hindu Family) & His wife Jothi passed away in 2019 & 2021. No WILL Jothi is legal heirs are Son Kumar and Daughter Meena. 

Jothi had a jewel loan in the bank, and the nominee was her son kumar. But while closing the jewel loan son and daughter, both are paid the jewel loan amount. Meena paid Kumar in cash. But as a nominee, the son kumar only signed in the bank documents and received the jewel. He told meena that he would give the jewels and asked her to sign on white paper (NOT STAMP PAPER). So meena believed and signed in the white paper. But he has not shared the jewel with meena. After that meena came to know that he had written that all jewellery was handover to meena on that white paper. Note: In that white paper meena only a sign was meena own hand writing. But remaining hand written by kumar 

After a few months partition case was filed. After case filed Kumar closed jothi bank locker and not disclosed to meena what was inside the locker. But Jothi told to meena before dying that she had jewel in that locker over the phone. But meena doesn’t have proof for that. Even Jothi told that she kept around 250 grams of gold in the house over phone. 

Now My Questions: 
1.	Can meena claim 50% of the jewels taken from bank? If so, what does she need to be done to prove. May be bank loan slip ? or any other documents need from bank?
2.	How to prove that kumar not shared the jewel taken from bank? 
3.	Will that signed hand written white paper will valid?
4.	How to prove that jothi had jewel in locker? 
5.	How to prove that jothi had jewels in the House? Note: Still house under kumar possession
Asked 1 year ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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15 Answers

Daughter can claim 50 per cent of jewels 

 

2) bank loan slip would prove that jewels were mortgaged to bank 

 

3) take  the plea that jewels were not handed over and her signature was obtained in blank paper by brother 

 

4) you can prove jewels were in house only if you have letter or message from your mother that jewels were lying in house 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

Only remedy for you: You can still file suit against your brother for partition of properties. In order to claim your claim on jewels, you should produce evidences and witnesses before the court of law. For more information and legal proceedings, please book an appointment for legal consultation through this site. 

Kumaresan
Advocate, Coimbatore
29 Answers

Not rated

1. Meena can claim 50% of the jewels taken from the bank and she would need to produce evidence of the loan transaction along with the proof of her relationship with Jothi in order to prove her claim.

2. Meena would need to prove that Kumar has not shared the jewels with her by producing evidence such as witnesses or any other documentary evidence that Kumar has not shared the jewels with her.

3. The hand written white paper signed by both Kumar and Meena will be valid as evidence in a partition case.

4. Meena would need to produce evidence such as witnesses or any other documentary evidence to prove that Jothi had jewels in the locker.

5. Meena would need to produce evidence such as witnesses or any other documentary evidence to prove that Jothi had jewels in the house.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes she can add this as an additional schedule of property in the same suit for partition. 

2. she has to mention the details, let he deny it.

3. She has to claim innocence about it.

4. How do you say that there was any jewels there, thus can rope in same source or rely upon the same information in your pleadings,.

5. The above answer suits this too.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

As per law Kumar is the absolute owner of property/jewels as Will by her mother was on his name.

Meena can claim her share only if there was any oral agreement between Kumar and Meena regarding sharing of jewels after clearing the loan. And if there was no such agreement then she can claim only her amount which she has given to Kumar. 

Move an application to police that Kumar has taken your signature with malafide intention in order to grab the jewels. Loan agreement and jewels bill is sufficient to prove that there was jewel in the house or in locker. 

Vikram Taunk
Advocate, Karnal
21 Answers

Not rated

1. Since, there is no Will , then the son and daughter having equal right over the property and Jewel which was in the bank .

-Further, being nominee her son can only claim the Jewel . However he will only be the trustee/ custodian for a temporary duration, and cannot claim entire jewel which was release to son from the bank. 

- Hence, Meena can claim 50% of the Jewels taken from the bank

2. She can lodge a compliant against the Kumar for the offence of breach  of trust and cheating 

- Further, Meena can deny for receiving ,and then Kumar will have to prove that he has handed over the Jewel to her.

3. No, She can deny the same after stating that her signature was taken by Kumar in the name of submitting the same to the bank. 

- Further, if there is no witness in the said paper then it will not having any validation. 

4. She will have to produce evidences for the same.

5. She can lodge a compliant before the police and can issue a legal notice to him for the same. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You need to file a complaint regarding the same and then claim the same from appropriate remedy

By showing evidence both circumstantial and other if any.

 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

1. The nominee is only a custodian and trustee acting on behalf of all the legal heirs, and as such, cannot claim absolute ownership over the assets of the deceased. The sister could very well claim her share.

2. The list of jewels pledged with the bank could be useful. The sister may call for copies of the death claim settlement papers from the bank as a rightful legal heir.

3. Not valid at all. As the handwriting and the signature are different, a strong case could be made out.

4. Difficult. The bank should not know the contents for privacy and secrecy.

5. Difficult. Valid and solid evidence is needed.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

Dear client,  I understand that you have several questions regarding the division of assets and property after the passing of Ravi and Jothi, and the actions taken by their legal heirs, Kumar and Meena. Please note that I am an AI language model and cannot provide legal advice. However, I can offer you some general information that may help you understand your situation better.

 

Can Meena claim 50% of the jewels taken from the bank?

 

As a legal heir of Jothi, Meena may have a claim to a share of the jewels in the bank locker. However, the exact amount she is entitled to would depend on a variety of factors, including the laws of inheritance in your jurisdiction, any will or testamentary documents left behind by Jothi, and any agreements or understandings reached between Kumar and Meena.

 

In order to prove her entitlement to a share of the jewels, Meena may need to produce evidence such as bank loan slips or other documents indicating that Jothi had jewelry in the locker, and that the jewelry was paid off with funds from both Kumar and Meena. She may also need to demonstrate that there was an understanding or agreement between her and Kumar regarding the division of the jewelry.

 

How to prove that Kumar did not share the jewelry taken from the bank?

 

In order to prove that Kumar did not share the jewelry taken from the bank, Meena may need to produce evidence such as witness statements, text messages, emails, or other documentation that indicate that Kumar did not follow through on his promise to give her the jewelry. If she signed a white paper as you mentioned, she may need to demonstrate that she was misled or coerced into signing the document and that it does not accurately reflect the agreement or understanding between her and Kumar.

 

Will the signed hand-written white paper be valid?

 

The validity of the signed hand-written white paper will depend on several factors, including the specific language used in the document, the circumstances surrounding its creation, and whether or not it accurately reflects the agreement or understanding between Kumar and Meena. If Meena can demonstrate that she was misled or coerced into signing the document, or that it does not accurately reflect the true nature of the agreement or understanding, then she may be able to challenge the validity of the document.

 

How to prove that Jothi had jewelry in the locker?

 

To prove that Jothi had jewelry in the locker, Meena may need to produce evidence such as bank statements, loan documents, or other records indicating that Jothi had a jewelry loan with the bank. She may also need to produce witness statements or other evidence indicating that Jothi mentioned the jewelry to her before her passing.

 

How to prove that Jothi had jewelry in the house?

 

To prove that Jothi had jewelry in the house, Meena may need to produce evidence such as photographs, receipts, or other documentation indicating that Jothi purchased or possessed jewelry. She may also need to produce witness statements or other evidence indicating that Jothi mentioned the jewelry to her before her passing.

 

In summary, Meena may have a claim to a share of the jewelry in the bank locker, but the exact amount she is entitled to will depend on a variety of factors. To prove her entitlement, she may need to produce evidence indicating that Jothi had jewelry in the locker and that both she and Kumar contributed funds to pay off the loan. She may also need to demonstrate that there was an agreement or understanding regarding the division of the jewelry, and that Kumar did not follow through on his promise to give her the jewelry. Additionally, she may need to provide evidence indicating that Jothi had jewelry in the house, and that Kumar has not disclosed its whereabouts.

 

 

 

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

contact any other lawyer in this regard 

 

he will obtain copy of suit filed on your behalf from court 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

You can apply for certified copy in court and get the copy of the same 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

- You can directly take from the Court being the party of the suit , and even can apply for getting certified copy of the same from the court. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You can file a copy application to  obtain certified photocopy of the same as party in person.

You can enquire about the formalities and the procedures followed by that court from some other lawyer in the local and file the said application to obtain the desired documents

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

You may check with the court registry directly if you know the case no. and other details. You may even obtain copies of the plaint, and application and petitions filed, if any, on payment of the prescribed fees.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

To obtain a copy of a partition suit that was filed in your name without involving your lawyer, you can follow these steps:

 

Contact the Court Clerk: Get in touch with the clerk of the court where the partition suit was filed. You can do this by visiting the court in person or contacting them through phone or email. Provide them with the necessary details such as the case number, your name, and the date of filing.

 

Request for the Copy: Inform the court clerk that you would like to obtain a copy of the partition suit that was filed in your name. They will guide you through the process and let you know the requirements and fees, if any, for obtaining the copy.

 

Submit Required Documents and Pay Fees: If there are any specific documents or forms required to be filled out, the court clerk will provide you with the necessary instructions. You may need to provide identification documents and pay any applicable fees for obtaining the copy.

 

Await Processing: Once you have submitted the required documents and paid the fees, the court clerk will process your request. The time taken for processing can vary depending on the workload of the court. You may be required to wait for a certain period or you can inquire about the estimated time frame for receiving the copy.

 

Collect the Copy: Once the copy of the partition suit is ready, the court clerk will notify you. You can then go to the court and collect the copy in person. Alternatively, the court may provide an option for mailing or electronic delivery, depending on their procedures.

 

 

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

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