My father died in the year 2020 and later my mother died last year August 2023. My mother's gold was kept in my maternal uncle( mother's cousin) locker. We are 4 brothers 2 staying in Mumbai, Navi Mumbai and 2 of us staying in Virar. My uncle called just 2 of them to their home and distributed the gold among them. He did not communicate ( in any form calls, email, zoom call, sms) with other 2 brothers and nor the brothers who received communicated that they are going for collection of this gold. One of my elder brother who is present in Mumbai at that time was also not called. I am working on overseas job at Dubai. Conditions are not very good due to heart attacks which got in year 2017. Now what I need to know how this can be solved, also father had some fixed deposits as he was pensioner from Indian Navy as retired office. Later pension was transferred to mother. Now since both are expired, we dont have any records of bank accounts controlled by my brother at the time of illness of my father and later my mother. No records of Deposit receipts, even the property of flat which is under recontruction in virar ( construction not yet started due to various reasons ), we dont see any documents from our brother, nor we have been give any will copy if so made,which we dont have any record. We have one property in father name at punjab our home town. The documents of that I have a scanned copy . Appreciate your reply how this all can be concluded in proper manner so that none of us are cheated. A quick reply will be appreciated as I am planning for visit to India. And I get only 30 days leave. Thanks and Best regards. I am available on whatsapp too on my Dubai number +[deleted]
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Issue legal notice to brother to disclose details of money lying in bank accounts
2) also details of property standing in his name .to furnish inspection of all original documents
3) to furnish details of gold received from maternal uncle
4) details of will if any executed by late mother
5) file suit for partition for division of all assets
First, you need to engage a competent lawyer in Mumbai and issue notices to your brothers and your uncle, claiming your share of your mother's estate as a legal heir and asking for an amicable settlement on or before a set deadline. If there is no satisfactory response, you need to file a suit for declaration of your title as a legal heir and for division of your mother's estate at the jurisdictional court in consultation with your lawyer.
All the legal heirs of your deceased parents are entitled to an equal share out of the properties (both movable and immovable) left behind by your deceased who are reported to have died intestate.
If you are not knowing the details, you may send a legal notice demanding the details of all the properties left behind by them to your brothers and demand an equal share in all the properties failing which you can file a suit for partition to partition entire properties and file a petition before the same court seeking direction of court to them to produce the documents and the details of all the properties of your deceased parents and seek your share with separate possession.
It’s better all of you legal heirs enter into a settlement deed and distribute the same equally
Sir, firstly, it is not appropriate for any advocate to approach a prospective client on his mobile number
it is the client who has to approach the advocate by taking an appointment and paying the advocate's consultation fee
and on this platform even if you mention your contact number in your query, it will not be visible to the answering lawyers
you will have to file a partition suit in which you will have to seek disclosures from your brother
as regards the gold distribution, even your maternal uncle can be made a party defendant and disclosure sought from him as regards the quantity of gold and how and in what manner he distributed the same to your 2 brothers
- As per law, after the demise of your parents intestate , his property & assets would be devolved upon all their legal heirs equally
- If the said items were in the custody of your uncle or he was a nominee for the said locker , then also he has no right of claim over the said jewelry , and further he was also not having any right to distribute gold among your two brothers without taking your consent.
- You can enquire from the bank for his account and can get certified copy of the registered property documents from the office of the registrar
- Further, you can issue a legal notice to the said brother to partition the property & assets equally and thereby you can seek your share
- If refused , then you can file a Partition suit before the Court.
