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NI need advice in a complicated family scenario.
I live abroad and my father is being taken care of by family members. He has not disclosed any of his financial details to me(because of the complicated family sutuation) but I am the only legal heir. My father is not mentally sound these days and is under treatment – possibly dementia.
I suspect that the family members taking care of him have taken all his cash from bank accounts and possibly liquidated his properties.
Now my question is, what steps should I take to find out the extent of damage already done and stop further loss.
How to find out which bank accounts he has ( all cheque books have bern removed from the house) ? And if we find out the banks and branches, how to take statements from them?
How to change phone number in the income tax return filing?
How to find out if the properties have actually been sold ( the papers have been removed from the house? ?
How to find out if any power of attorney has been given? -
BNAL-
### 1. **Start with Legal Documentation**
You’re the **only legal heir**, so your first move should be to ensure that you have the necessary **legal standing** to intervene on behalf of your father.#### a) **Get a Power of Attorney (POA)**:
If you don’t already have POA, you’ll need to apply for one. You may need to get a **medical assessment** from your father’s treating doctor to confirm his mental state. If he’s not capable of making decisions, you can apply for a **guardianship** through a legal process (this might take time, depending on your jurisdiction).#### b) **Access to His Financial Records**:
As the legal heir, you have the right to access financial records like bank accounts. However, you may need to present legal documents (e.g., proof of inheritance, POA) to the banks.### 2. **How to Find Bank Accounts and Get Statements**
You need to trace your father’s bank accounts, and here’s how you can go about it:#### a) **Look for Financial Documents**:
Search for any old financial statements, credit card bills, or letters from banks that might have been left behind. Even a single document could give you a lead.#### b) **Contact Banks**:
You’ll need to identify which banks your father may have accounts with. Given that the cheque books are missing, look for any bank-related documents that may have been left around. Once you identify the banks, you can contact them and **request account statements**. For this, you’ll need proof of your relationship and legal standing (like your father’s death certificate, will, or POA).**Tip**: If you’re abroad, it’s advisable to call the bank’s helpline or visit the branch (if possible) to understand their specific process for requesting access to your father’s accounts. **Online banking access** (if available) may also help.
#### c) **Account Disclosure**:
Banks typically require documents such as POA, proof of your father’s mental incapacity (if he has dementia), and legal heir documents to release account details to you.#### d) **Consult a Lawyer**:
You may need to consult a local lawyer to help you navigate the legal processes in retrieving account information from banks.### 3. **Find Out If Any Properties Have Been Sold**
To check if any properties have been sold, follow these steps:#### a) **Check with Local Land Records**:
In India, properties are registered with the local sub-registrar office. You can request the **sale deeds** or records of any transactions related to your father’s properties by contacting the **local land registration office** (sub-registrar office). They should have a record of all property transactions and ownership changes.#### b) **Search for Transfer of Ownership**:
If you know the properties’ details, you can check if any ownership transfers have occurred in your father’s name. This might give you insight into whether properties have been sold or transferred.#### c) **Get Help from a Local Lawyer**:
A lawyer can file a **Right to Information (RTI)** request or a similar petition to gather details on the sale or transfer of property, especially if you suspect fraudulent actions.### 4. **How to Change the Phone Number in the Income Tax Return Filing**
Changing the phone number in the Income Tax return is relatively straightforward. Here’s how you can go about it:#### a) **Visit the Income Tax Portal**:
You can log into the **Income Tax e-filing portal** (https://incometaxindiaefiling.gov.in/) and update your father’s contact details, including the phone number. For this, you may need to have **access to his PAN card details**.#### b) **Submit a Request**:
If you do not have online access, you can file a request for an update by contacting the **Income Tax Department** directly through their helpline or by visiting their local office.### 5. **How to Check if a Power of Attorney (POA) Exists**
To find out if a **Power of Attorney** has been given:#### a) **Check with the Sub-Registrar**:
POAs are generally registered with the **Sub-Registrar of Assurances**. You can contact the local sub-registrar office and request records to see if any POA has been registered for your father. If so, they will provide you with a copy.#### b) **Check Bank and Legal Documents**:
If any POA exists, it’s likely that your family members or anyone acting on your father’s behalf would have had access to this document. Ask around or check through his documents to find any references to POA.### 6. **Monitor Your Father’s Care**
While you are working on these financial and legal matters, continue to monitor the **care your father is receiving**:If your father is not in a safe or appropriate living situation, consider getting him **professional care** or moving him to a place where he can get proper treatment.
Since your father is undergoing treatment for **dementia**, make sure his caregivers are **accountable** for any decisions regarding his health, finances, and property. -
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