Nirmalya Datta (SA/E) 17 June 2015
My father had expired on 26.5.2015 leaving a WILL dt. June, 2012 mentioning the names to whom the property will be distributed. Kindly advise me , as a son, how much property will I inherit. The house is a two storied one and I have an elder sister. Also there are good no. of Bank deposits wherein mostly my sister is a joint holder / nominee. Am I eligible to get equal share of those Bank deposits ? My mother is alive. The will is in attachment for your referenece.
Adv k . mahesh (advocate) 17 June 2015
it is clearly mentioined that you will get 50% share of the house and about the deposits who is nominee will get them and nominee has to share between all the legal heirs equally
Nirmalya Datta (SA/E) 22 June 2015
Thank you ADV. Mahesh. me, my mother and my sister consulted the advocate, who is also one of the witnesses of the WILL. He advised us the following -
1. The will need not be probated. By act we 3 are legal heirs of the house and same an be mutated in local municpality in all of our names.
2. Regarding, bank deposits he suggested that as they were mentioned as " E or S" by my father, hence the amount goes to the survivor's account. Now, my query is that out of 11 lakhs bank deposits 9.5 lakhs is in my sister's name and 1.5 lakhs in my name. Can I claim this amount o be equally distributed?
3. My sister had alraedy withdrawn / transferred the amounts in her name.
I am attaching the will for your reference.
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