Sister asking for her share from father
Viveek
(Querist) 30 August 2017
This query is : Resolved
My Father and mother are staying with me for past four years. My father has one house few Fix deposits in bank and Jewellery. He give me the house via registered gift deed about 5 years ago. He gave all the jewellery to my sister and kept her name as nomine in the Fix deposits. Now she started demanding to give her all the fix deposits and my father told her that till I am alive I will keep them with me. From past 2 year whenever I wanted to go out with my family I requested my sister to keep our parents at her place for few days. She did that few times and then started avoiding. Then I told my father if she is not willing to keep you even for few days then why don't you transfer the fix deposits in my name. My parents then called for a meeting with my sister and asked her if she was willing to keep them for the time equivalent to the money and jewellery she will be getting and she refused to keep them. Then my father informed her that as you are not willing to take care of us I will be changing the Nomine and put my name as nominee. Then my parents informed her that they have given all the fix deposits to me. Now she has threatened me that she will go to the police station and court and demand for fix deposits and also a share in the property. The property, Jewellery and money is all earned by my father and it is not an ancestral Can she claim please advice.
Rajendra K Goyal
(Expert) 30 August 2017
Owner of the property can sell / gift / mortgage / bequeath a will of the property, no one can object.
Legally your sister can claim nothing from your father's property during his life.
She has equal share if owner expire intestate.
Nominee is not owner, he is trustee of the legal heirs, it would be better your father bequeath a will apart from changing the nominee or can get your name added on FDs with mandate as Former or survivor.
Advocate Bhartesh goyal
(Expert) 30 August 2017
Your sister has no right to claim any share in your father's property during his lifetime moreover your father has already transferred his self acquired immovable property to you by registered gift deed and now you have become sole owner of that property so.your sister can not make any objection.
Nominee is always a trustee. and not a owner of that property your sister can collect the payments of FDR's from bank in capacity of nominee of deceased but has to disburse the same to LR's of deceased.
Kumar Doab
(Expert) 30 August 2017
Fully agreed with Mr. Rajendra K Goyal, Mr. Bhartesh Goyal.
Bank may not allow more than one nominee in FDR's.
Nominee is mere trustee. So be it you or your sister Nominee can claim fro Bank and share with legal heirs.
Kumar Doab
(Expert) 30 August 2017
You may go thru:
RBI Master Circular on Customer Services;19,20
Kumar Doab
(Expert) 30 August 2017
If your father may leave a valid WILL and preferably register it.
The WILL if contested lands up in probate court.
Probate has its own expense, time limits, lawyer's fee.........
If your father agrees ask BM/Bank about a/c options with E&S,F&S etc .........
R.K Nanda
(Expert) 31 August 2017
nothing more to add.
