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Signed letter of disclaimer under a verbal promise

After demise of both my parents ,both intestate (Hindu religion) ,my brother asked me to sign father's letter of disclaimer for bank account (no nominee registered) and family locker under the promise that he will give me my share ,i kept following for 10 months ,he has done the death claim settlement for both locker and bank account based on the letter of disclaimer i signed ,now he is refusing to give my share Do i have a weak case as i signed letter of disclaimer ? Can i file both civil and criminal suit ? What are the chances of verdict in my favour ? I have the signed documents soft copy

( Faridabad, Haryana )

3 weeks ago

Reply

Dear Client,
Be informed that unless a Letter of Disclaimer is stamped according to the Stamp Act in force in the respective State, the document is not acceptable and enforceable under law. A letter of disclaimer typically waives a legal heir's claim to the funds within the specific bank account being settled. This means they're relinquishing their right to those specific funds, allowing the bank to release them to other legal heirs, nominees. A letter of disclaimer related to a bank account does not impact a legal heir's rights to inherit intestate property. They can still pursue their legal claim to other assets that are not part of that specific bank account. Thus, a letter of disclaimer submitted to a bank for the settlement of a deceased bank account does not automatically relinquish the right of legal heirs to claim intestate property of the deceased, and it doesn't affect the broader rights of the legal heirs to inherit other assets that fall under inheritance/succession laws. Accordingly, you can stake your claim in the intestate property left by your deceased parents. It is recommended to consult with an experienced Advocate for tailored advice and steps to navigate the issue correctly and legally.