Nomination v/s will probate

You have already been informed properly.

As posted by you the WILL is proper and probated. The beneficiary in the probated WILL shall get the monies and estate.

 

Hi Mahadevan ji Let me first inform u that as per supreme court judement only a legal heir ofdeceased will be the owner of deceased property and there is specific structure of the hiers. As u knw that nominee is only care taker of property. So there is only one option to claim the same. U have to prove ur relationship with ur uncle. If it is so then its possible. For more query abt the same plz contact me Sumit Nandvani Advocate 8826550368

Read your another same repeated query posted today .

Even if you had got the money transferred to your name through nomination you will have give the amounts to the legal heirs. Now the amounts have been transferred to your cousins who are other nephews of your uncle. If you as a nephew had equal rights as the other nephews of your uncle, you can still contest for your claim. But cash is something that can be easily spent or transferred to third parties. Hence you will have to bring a court order freezing the accounts, if it is already not too late. 

Thanks Dr Ramani and Mr Sumit

You mentioned  if it is already not too late. 

The money is in bank but under process of transfering to probate holder.

The point in my favor is that nomination was in my name in bank record till his death.

Does that hold any importance in court of law.

Your uncle had nominated you for the bank account. But he made will in favour of another nephew. Why should he do that? If you had not missed the notice etc. you could have found out whether things were genuine. Now the original will will be in the possession of the authority who issued the probate.

First you apply to the court through a good lawyer say that you want to contest the will and pray for an order to the bank not to release the amounts to your cousin. Then apply for a copy of the original will. It will contain the names of two witnesses. Contact the witnesses and check with them the genuineness of the will. If you find any defect in the will you can claim.

In which city are you?

Thank you Dr Ramani for a detailed and appropriate advice.

As per your post your uncle was unmarried and thus had not left any legal wife and children.

Thus no ClassI legal heirs are in picture so  ClassII legal heirs shall have a claim.

If the estate of your uncle is self earned then he can dispose it in his life time by a valid WILL.

 

 Further you may go thru RBI Master Circular on Customer Services ;Section 19,20 onwards............

 

You may discuss in person with an able lawyer specializing in family/civil matters and understand the merits in situation posted by you...................................and understand if there is a remedy with merits.