nandu (Teacher) 19 July 2020

Will by a hindu person

A, a hindu male has written a WILL by which he has bequeathed a part of his estate to B. B is alive on the date of death of A. However before the Executors gave effect to the provisions of the WILL B expired intestate. He has left behind his wife C and daughter D.

Now my question is whether by virtue of B being alive as on the date of death of A, the Teatator of the WILL, will C and D get possession of the estate bequeathed to B by application of Hindu Succession Act (ammendment ) 2005.

Nandu

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3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 19 July 2020

1. IRRESPECTIVE of the fact that WILL could be duly executed before death of "B", "ALL" the legal heirs of intestate "B", are entitled to EQUAL share in willed property of "A" and "B", without any exceptions. There is no legal bar to the claims that can be made by C & D, further irrespective of the fact that "A" had only willed only "Party of his estate".

Keep Smiling .... Hemant Agarwal
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nandu (Teacher) 19 July 2020

Further to the above query.....

In case of all bank accounts and other financial instruments, the Nominee is only a trustee and not a owner. Is the status of the nominee same in case of Equity Shares and other such instruments, (in view of Justice Roshan Dalvi's Order, probably of 2010 (refer https://www.moneylife.in/article/bombay-hc-rules-that-nominees-not-legal-heirs-get-ownership-rights-of-shares/5297.html being challenged in the Supreme Court). Also what is the legal status of a nominee of an Insurance Policy and Nominee of a Real Estate?

If a joint account holder with a mandate to the bank E or S dies, the bank pays the balance to the joint holder, irrspective of the nominee of the deceased. What is the status of the nominee vis-s-vis the joint holder. Assume they held the joint account in equal proportions.

Nandu