Ramana Avv
Asked March 20, 2017

Legal action against brothers

  • 1 Answer

Hi Team after my father was expired, my two elder brothers taken all the money what he deposited on behalf of my mother name in bank without informing to me. Recently only i known this information by others. When I asked my brothers they are saying all the money belongs to themselves only because they only send money to father. they were in high position and high income than me, i'm only married son and low income which was not sufficient to me and my family. Now my question is am I eligible to seek share in my father's money? how I need to proceed further. Please tell me

Answer 1

If the father has died without a Will i.e. intestate then the money in the account will be distributed equally amongst the class 1 heirs. But, if the father has died leaving a will then such money shall be distributed as per the directions given under the will. Now, after evaluating the situation as per the given facts, it is assumed that your father has died intestate and the claim on money from the bank account would be your legal right. The claim of your brothers that they had given the money would not make them the sole beneficial of the money from your father’s bank account. The money in the account was under the possession of your father, and after his death, you along with your brothers will succeed it as per the Indian Succession Act, 1956.

Agree Comment 0 Agrees almost 5 years ago

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