If you are stuck in such a situation, here is what to do.

We received a query from a client, Mrs. Kavita, who is facing a distressing family and legal crisis. Her mother, Mrs. Leela, passed away approximately four months ago. Mrs. Leela had been living with her elder daughter, Mrs. Sunita, who is a medical professional. The relationship between Mrs. Kavita and her mother was strained, a fact that her sister appears to have exploited.

Mrs. Kavita was not informed when her mother fell critically ill and was only told about the hospitalisation after she proactively called her sister. Tragically, her mother passed away the very next day, depriving Mrs. Kavita of a final meeting. The situation escalated post the demise. Mrs. Leela had left behind significant assets, including gold jewellery and savings of around ₹40 lakhs in a financial institution. She also had a separate account in a nationalized bank, which was managed by Mrs. Sunita’s son, Mr. Rohan. All these assets have been allegedly appropriated by Mrs. Sunita and her son without any transparency or communication.

Mrs. Sunita is the nominee on the financial institution’s account. However, since these funds were part of the ancestral inheritance, Mrs. Kavita rightly believes she is entitled to a share. After her mother’s death, Mrs. Sunita secretly vacated the house and removed all belongings. When questioned about the jewellery, she denied its existence, a claim that was captured in a call recording. Furthermore, she is refusing to provide a copy of the death certificate and dismisses any inquiries about the finances by stating, “You have no right to know.” This has left Mrs. Kavita feeling emotionally devastated and legally wronged.

Advice in such cases

• Gather all possible information you have. This includes names, bank details (even partial), addresses, and a list of known assets.
• Do not engage in aggressive confrontations. Keep communication formal and documented, preferably through text messages or emails, as these can serve as evidence.
• Immediately seek to obtain a certified copy of the death certificate from the local municipal authority, as this is the foundational document for any legal action.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In such inheritance disputes, a combination of civil and criminal laws is applicable. Since no will is mentioned, the laws of intestate succession apply.

• The Indian Succession Act, 1925: As the deceased passed away without a will (intestate), her property will be divided among her Class I legal heirs. In this case, both daughters, Mrs. Kavita and Mrs. Sunita, are Class I heirs and have an equal right to their mother’s entire estate, regardless of who is named as a nominee.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 316 of the BNS, which deals with Criminal Breach of Trust, can be invoked. If a person entrusted with property dishonestly misappropriates it, they can face criminal charges. Mrs. Sunita’s actions of taking control of all assets and denying her sister’s share prima facie fall under this section.
• Civil Procedure Code, 1908: To claim her share, Mrs. Kavita will need to file a Suit for Partition and Rendition of Accounts in a competent civil court. This lawsuit asks the court to divide the property and forces the other party to provide a detailed account of all the assets and expenditures.

If you are the complainant

• The first step is to send a detailed legal notice to the sister, demanding a partition of the assets and a full disclosure of the accounts. This notice, drafted by a lawyer, formalizes the dispute and often serves as a precursor to a court case.
• If the notice is ignored or the response is unsatisfactory, you should proceed with filing a civil suit for partition.
• Simultaneously, you can consider filing a criminal complaint under Section 316 of the BNS for criminal breach of trust, especially concerning the movable assets like jewellery and cash.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• It is crucial to act swiftly. The more time passes, the more difficult it can be to trace and recover the assets.
• Preserve all evidence of communication, such as call recordings, text messages, and emails with the opposing party.
• Speak to other relatives or family friends who might be aware of the deceased’s assets and can act as witnesses.
• Focus on the legal process rather than emotional appeals, as the other party has already demonstrated their unwillingness to resolve the matter amicably.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police often view inheritance disputes as “civil matters.” They may be hesitant to file a First Information Report (FIR) for criminal breach of trust, advising the complainant to approach the civil court first. However, a well-drafted complaint presented through a lawyer, highlighting the clear criminal intent (dishonest misappropriation), can persuade them to register an FIR. If the police refuse, one can file a private complaint before the Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

1. Does being a nominee make someone the full owner of the money?
No. The Supreme Court of India has repeatedly clarified that a nominee is merely a trustee or custodian of the assets. The nominee is legally bound to distribute the assets to the rightful legal heirs as per the succession law. The legal heirs are the true owners.

2. Can a legal heir take action to claim their rightful share?
Absolutely. A legal heir can file a Suit for Partition in a civil court to claim their share of all ancestral and self-acquired properties of the deceased if there is no will.

3. How can one independently get a death certificate?
A death certificate is a public document. A legal heir can apply for a certified copy from the office of the Registrar of Births and Deaths in the municipality where the death occurred. You will need basic details like the deceased’s name, date of death, and place of death.

4. Can a call recording be used as legal evidence?
Yes. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), electronic records, including call recordings, are admissible as evidence. However, you must prove its authenticity and ensure it has not been tampered with, often requiring a forensic certificate.

5. Does the involvement of the sister’s son raise legal red flags?
Yes. His active involvement in handling the bank account and funds without informing other legal heirs can be construed as abetment or conspiracy to commit criminal breach of trust, making him a co-accused in any potential criminal proceedings.

What evidence is required?

• Certified copy of the Death Certificate of the deceased.
• Proof of your identity and relationship with the deceased (e.g., Aadhaar card, birth certificate).
• Any details of the financial assets, such as bank account numbers, financial institution details, and property documents.
• The call recording where the sister denies the existence of jewellery. A transcript should also be prepared.
• Contact details of any potential witnesses (other relatives, neighbours, family friends).
• A copy of the legal notice sent to the sister and her reply, if any.

How long will the investigation take?

The duration varies significantly. A criminal investigation, once an FIR is filed, may take a few months to a year before a chargesheet is filed. However, a civil suit for partition is a lengthy process and can take several years, often between 3 to 10 years, to reach a final judgment, depending on the complexity of the case and the court’s workload. Interim orders, such as an injunction to prevent the sister from selling or disposing of the assets, can be obtained much faster.

Advocate Sudhir Rao, Supreme Court of India