Money embezzlement
Money embezzlement
My brother was caring for my mother for 4 hrs and I and my older sister used to live out of town. Relations between my younger brother and his wife were always contentious. During our absence my broth
2 years ago
A. Hi,
If you make such a claim that your brother acquired the property of your mother by fraud, the burden of proof lies on you. You have to produce the evidence in court. You can sue him for his cruelty towards his mother.
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Ayantika Mondal @ Prime Legal
Family certificate showing names.
Hi my are divorced for about more than 45 years . I have been staying with my mother since then . My mother recently passed away . She did not write any will, and I have applied for family certificat
2 years ago
A. You may apply for succession certificate stating that you are the rightful person to be the successor of the deceased person i.e your mother and you can go ahead with the selling of the plot once you attain the succession certificate from the court.
Ayantika Mondal @ Prime Legal
What are the rights of children from second wife after father's death?
My father expired without making a will. He had a second marriage without divorcing the first wife. He had 4 children from first marriage and 2 from second. He has put name of his second wife for his
2 years ago
A. Since he has put his second wife's name in the service sheet so the pension and retirement benefit like PF will be given to the second wife or children of second wife hence you should immediately send a letter of representation to the company/organization stating the fact that she is second wife and that marriage is not valid as your father did not take divorce from your mother. Hence they should not pay anything to them.
They would immediately stop the processing one receipt of the letter. Pos ...ReadMore
Ayantika Mondal @ Prime Legal
Is the nominee the rightful owner of money received from the bank or the legal heirs?
Think there are 4 brothers Eldest one dead long back 2nd one alive 3rd one alive 4th one dead 4th one kept nominee as second brother for a bank account. And there's some money it According to the
2 years ago
A. If your mother is alive and your deceased fourth brother was bachelor,then your mother becomes his sole legal Successor of movable assets. However,if your parents are not alive,and your deceased fourth brother was bachelor, then his surviving siblings become his legal Successors of movable assets. If your deceased fourth brother was married and your mother is not alive,then his widow and child / children( if any) will be his legal successors.
As per the Rulings of the Apex Court of our C ...ReadMore
Advocate Sinjari Bandyopadhyaya
How to get details of the person who are the Wittness in the WILL?
How to get details of the person who are the Wittness in the WILL which my grandfather did. I have the WILL which i got after death of my grandfather and in there i can only find the name but i need t
2 years ago
A. Jab vashiyat ki jaati hai tab usko 2 witnesses ke dawara proof kiya jaata hai. Witnesses ka signed karate time unka complete address likha jaata hai. Jisme unka fathers name residence address hota hai. Or unki identification proof bhi laga hota hai. Aap vashiyat ki certified copy le usme sab ke baare me aap ko malum ho jaiga.
Pardeep Kumar Dhiman Dhiman
Perusal of my draft will for legal compliance
Dear Sirs, Can I email my one-page draft will prepared by myself in MS-WORD format so the same can be evaluated free/paid for its legal compliance in the eyes of prevailing law? Please mention the fe
2 years ago
A. Better contact Vidhikarya and ask to provide you with a lawyer to review your draft of will. Thank you.
Vaidehi Samant
Acquisition of my ancestral property
My grandfather has written a will for his property on my father, my uncle and aunt.my father died without changing his share in to his name.my uncle family has occupied and claiming the entire propert
2 years ago
A. The Will until and unless probated is of no value and in such case the property devolve upon the legal heir and heiresses of your grandfather. You can obviously claim your deceased father's share by issuing legal notice for Partition to other Legal Heir and heiress of your deceased grandfather by executing registered Partition Deed and if they fail to do then you can file Partition Suit and at the first instance can get status quo Order preventing the change of nature and character of the Prope ...ReadMore
Advocate Sinjari Bandyopadhyaya
Will of a deceased person
In a family, there 3 girl child and 1 boy. When they grew up, the mother is took off by one of her girl child. So that, the mother make a will to give her land to the one who took care off her. When m
2 years ago
A. Need more information on how the land was acquired by the mother then only it will be possible to provide a proper answer on this question. In general if there is a will for a self acquired property the mother can transfer the land that way to one of the child and then probate of the will through the court has to be conducted.
If there is no will then all the children will have equal rights in the property.
A. Hi,
It is advisable to ascertain your properties before including them in your will. If you are making the will, then you shall be the testator of the will. Wills are of two kinds: registered and unregistered which depends upon whether you are getting it signed at the registrar's office. It is nuanced to get the registration to enable smoother probation of the will before the court.
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Rajendta
My late father receive ancestral property through a partition suite against my grand father and my two uncles. Later on my father made a will (registered) giving a less share to me and my youngest bro
2 years ago
A. Dear Sir,
You may claim your equal share by filing partition suit.
