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Return of funds in sister's custody


05-Oct-2023 (In Recovery Law)
I am an NRI, who provided financial support to his mother living with my sister in Delhi, by transferring US dollars and writing Rupee checks. Mother died in 2020 at age 84 in the company of that sister and without a Will. After mother’s death, this sister is not returning the principal to me, even though I had given that money so the FDs interest would pay for living expenses. Sister’s view is that that the principal of all the crores of rupees would forever be for her and her family’s use.
Answers (5)

Answer #1
665 votes
You need to hire expert advocate to recover those amount. You need to only take legal steps in this regard. Kindly b in touch to discuss this matter. Even otherwise you are one of the legal heirs and thus entitled for your share too Plz b in touch
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Advocate D. Khan

Adv. D. Khan

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Answer #2
975 votes
First of all rather than going legally you should serve her a legal notice and in that notice you can write that either pay my money or face legal action which will be at your own risk. After that if she fails to give you a satisfactory reply then you can anytime file a recovery suit in the court to claim your money back along with compensations.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
698 votes
you can file a recovery suit against your sister in the commercial court but first of all you send a legal notice through the advocate to your sister and demand your principal amount. after then you can file a suit against her
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Advocate Rishabh Gupta

Adv. Rishabh Gupta

LawRatoDelhi | 50+ Answers
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Answer #4
667 votes
In this case, prima facie, the court will look at surviving legal hiers and the money deposited will come back to you as per your share. Naturally, you would want the entire sum as it was given for Personal Health and Well Being of your mother. This is where you will have to prove through evidence//if there is a lack of evidence then prove by establishing the oral understanding that the money deposited was given for the sole purpose of supporting your mother. In the meantime, I would strongly advise to send a legal notice to the Banks, claiming that the money shall not be withdrawn. Thereafter, you decide the next steps
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Advocate Kunal Sinha

Adv. Kunal Sinha

LawRatoDelhi | 200+ Answers
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Answer #5
903 votes
you need to file a criminal complaint against your sister in the nearest police station where your sister resides for criminal reach of trust committed by her. if the police does not register an FIR a complaint can be made to the court of the metropolitan magistrate having jurisdiction over the area. should you have any questions please feel free to contact me
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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