1) Though property has been transferred in name of above six, however partition is still not done. Above property is generating substantial amount of Rent which is being collected and enjoying by my Fathers's younger Brother only and not giving our share. What is the stance in my Father's case?

you should file a case for partition. It is your grandfather's self acquired property so after his death its became joint family property. you all have share in the rent because it is source of joint family property.

2) My Grandfather was having few Bank accounts, FDs and Locker where except my Father all other legal heirs were nominee/Joint holder. Now they have claimed entire amount and belongings. As per law they need to pass /divide the same among all legal heirs which they have not done. what can be done from our side.

nominee is like a trustee, he has no right to claim over the property only on the ground of nominee. he is bound to transfer property to its legal heirs. these FD and locker are subject to partition, you should claim over them.

1)father should file suit for partition to claim his share in property

2) seek appointment of court Receiver . deposit of rentals in court

3) nominee is only trustee for legal heirs

4) your father can claim equal share in money lying in bank accounts

5) your father can apply for letters of administration from district court for movable and immovable properties standing in name of deceased grandfather

3) Bank have not requested for legal heirs certificate before discharging his liability (where large amount was involved) and as per RBI law Bank has to maintain list of belongings which is being taken by Nominee from the locker. Can we claim all above.

Please guide our rights and how to get the same.

yes you are right, bank transfers inrerim but limited right in nominee and further right shall be transferred to the legal heirs. you should file legal heir certificate or family register and claim oven them. if there is delay for more than 3 months then notary is required.

1) you would not be awarded any damages

2) you can claim litigation costs

3) contact a local lawyer

Q. is the legal responsibly of nominee to divide a movable and immovable property among legal heirs?

A. no, nominee has no such right because he is only trustee and have right to interfere in the property for limited purpose. he can file inter-pleader suit under section 88 of CPC for transfer of property to its legal heirs. he cannot divide property.

1. Not only your father but also other shareholders also have a right to a share in the revenue through the property now being enjoyed by one son alone.

Your father can issue a legal notice seeking his 1/6th share in it from the person who is currently enjoying the income, failing which he may approach court with an injunction suit restraining the brother from collecting the income by his own and the same to be deposited before court till the disposal of the partition suit to be filed along with it.

2. If ther share out of the movable properties were not allotted to your father your father can file a money recovery suit agaisnt them and seek his due share of the sum of monies so received.

3. You gather the information properly and approach court seeking relief and remedy for this.

Thanking you for answering my query. As per law or It is the legal responsibly of nominee to divide a movable and immovable property among legal heirs. However, if take shelter of court for accessing my rights, can I claim compensation for which I will incur legal and court fees. Also delayed interest.

Also, if somebody is interested who can take my case we be helpful @ [deleted]

Though law says so, it is the duty of the legal heirs to claim their share out of the movable properties or else the nominee will digest everything and would express his inability to provide any share since all the amount have been spent.

The other legal heirs can initiate money recovery suit against him through a court of law