Ask about details of niminee
subhendu
(Querist) 21 August 2017
This query is : Resolved
Sir,
My unmarried elder brother suddenly expired, his all property(MIS, bank account etc) nominated in the name of us i means 1. Me, my younger brother, my two sisters etc,we found now that in the year 2011 he just prepare a WIll type paper( in a white paper with two witness) and wrote that he like to give his property others( My daughter, my sister daughters and my younger brother), We found that he make me /my sisters as nominee in the year 2017, just before his death. Now we are confused, please tell me which is the legal.
subhrendu bhattacharya
Kumar Doab
(Expert) 22 August 2017
Valid WILL may prevail upon nomination.....
Kumar Doab
(Expert) 22 August 2017
The estate/property that is not disposed by valid WILL may be open to succession........
Kumar Doab
(Expert) 22 August 2017
Bank may pay to nominee if WILL is not brought to its notice.........
Bank may ask for probate if WILL is brought to its notice.
Rajendra K Goyal
(Expert) 22 August 2017
Bank may proceed as per the nomination registered with it till court orders to stop such steps brought.
Beneficiaries of the will may proceed against the nominee to proceed as per will.
Ultimately the property would be inherited as per will.
Kumar Doab
(Expert) 22 August 2017
Nominee is mere trustee and has to pass the proceeds to legal heirs ..............
ClassI legal heirs in case you are all Hindu e.g; Mother (if alive as on date of death), Wife (if alive as on date of death), sons , daughters........
Kumar Doab
(Expert) 22 August 2017
Was Mother and father alive as on date of death?
If ClassI legal heirs were not present then ClassII shall come into picture.
Kumar Doab
(Expert) 22 August 2017
If mother was alive then she shall be sole successor ..........being ClassI legal heir.
If mother was not alive and father was alive then father shall be sole successor ..........being Category I ( of ClassII) legal heir.
Kumar Doab
(Expert) 22 August 2017
If WILL is not valid then entire estate/property shall be open to succession, as explained above.
If WILL is valid and NO other estate is left then WILL may prevail............
Kumar Doab
(Expert) 22 August 2017
Since matter is within the Family.............the nominee may handover to the beneficiaries in the WILL or amicable Family settlement may be registered.
The details of nomination, subsequently found WILL and settlement may be narrarted in the agreement........
subhendu
(Querist) 23 August 2017
Will prepared on 2011 and a nomination change current year, there is no information about any will to nominee person, bank dont know about will /white paper. Is it necessary to inform nominee holder about will details.
Hemant Agarwal
(Expert) 23 August 2017
1. SINCE there is "gross confusion", The Will of 2011 and the Nomination of 2017, CAN be "over-ride" by "ALL" the relevant legal heirs, by "mutually & jointly" executing a duly stamp duty paid and registered "Family Settlement Deed" and divide and/or share and/or delegate the relevant properties of the deceased, to each other.
2. The above will truncate out all the futuristic legal hassales or claims (if any) by the relevant legal heirs, that usually arises out of the deceased's will or nomination documents.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 23 August 2017
Subsequent to posts in the thread and detailed post of Mr. Hemant Agarwal on Registered Family Settlement. Discuss in your family and decide.
