Common Man (Occupation) 09 September 2016

Daughters right for share in money

Dear Lawyers, My deceased grandfather has 5 sons & 2 daughters. All the money from banks has been taken by grandfather and given only to his sons and he passed away suddenly. The 2 daughters dint get any share but long back little self acquired land has been gifted to daughters only as they took care of him all his life. Now they want a share in the money as they are also legal heirs but the sons are not ready to give. Instead they said their share will be given only if the land is equally distributed but its a gift. Can the daughters legally proceed for their share in money of their deceased father which is his hard earned money?

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6 Replies

G.L.N. Prasad (Retired employee.) 10 September 2016

The only determining factor is the way how your grandfather has acquired the property. If the property is self acquired, he can even donate to a street begger during his life time, and no one can question him.

When GF has distributed his self acquired money to his own sons during his life time, daughtters can not question the transaction.

Kumar Doab (FIN) 10 September 2016

It is believed that you are Hindu.

If it is self earned/acquired then the deceased owner has disposed it in his life time by valid means.

NO scope.

Common Man (Occupation) 14 September 2016

Hi Sir, What about the money taken after the demise of depositor by his sons as one of his son's name is nominated in the account? will the daughter get her share though she is not the nominee? If yes, what is the procedure legally if her brothers are not giving her share? Please suggest. Thanks & Regards, Shiva

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 14 September 2016

Agree with Adv Prasad

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 14 September 2016

Agree with Adv Prasad

Kumar Doab (FIN) 15 September 2016

You have posted in your last post that:

"Hi Sir, What about the money taken after the demise of depositor by his sons as one of his son's name is nominated in the account? will the daughter get her share though she is not the nominee? If yes, what is the procedure legally if her brothers are not giving her share? Please suggest. "

If Grandfather has not any WILL for th amounts deposited by him in his bank accounts then all ClassI legal heirs shall share it equally.

Nominee is only a trustee/hand to recieve and has to distribute equally amongst all ClassI legal heirs.

If declined it is breach of trust.

The ClassI legal heirs that have not recieved from nominee/claimant can proceed to recovr from nominee.

Approach your able counsel.