Nominee vs legal heir and succession vs legal heir
Gandepalli Madhu
(Querist) 23 December 2018
This query is : Resolved
Hello All,
My name is Madhu and I am from Srikakulam of Andhra Pradesh.
Recently my grandmother has been passed way and she has left no Will.
During her last stages she was with her daughter and many of the Bonds/Fixed Deposits etc with banks, post offices she has nominated her daughter but all of them are in the name of my grand mother only.
My father is an uneducated and retired APSRTC driver. He has no much knowledge about the LAW.
Now I want to know how to make my father proceed further in the following issues:
1)How to claim the share of the Bonds/Fixed Deposits which my aunt is denying to share.
2)Certain details of the Fixed Deposits/Bonds from certain banks are not yet disclosed by my aunt and we know that the bonds/deposits do exist. How to get the details of those ? and how to claim share in those ?
Kindly give me suggestions how to proceed further.
Regards
Madhu
Kumar Doab
(Expert) 23 December 2018
Which personal law applies in your case?
Are you all Hindu?
Has deceased left any valid WILL; unregistered/registered?
Confirm!
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
Kumar Doab
(Expert) 23 December 2018
The establishment e.g; Bank can make the payment to nominee and discharge IT’s responsibility, there is no order from the competent court restraining say; the bank from making the payment from the account of the deceased.
GO thru; RBI; Master Circular on Customer services; 20
20.1 Accounts with survivor/nominee clause 20.1.1. In the case of deposit accounts where the depositor had utilized the nomination facility and made a valid nomination or where the account was opened with the survivorship clause ("either or survivor", or "anyone or survivor", or "former or survivor" or "latter or survivor"), the payment of the balance in the deposit account to the survivor(s)/nominee of a deceased deposit account holder represents a valid discharge of the bank's liability provided :
(a) the bank has exercised due care and caution in establishing the identity of the survivor(s) / nominee and the fact of death of the account holder, through appropriate documentary evidence;
(b) there is no order from the competent court restraining the bank from making the payment from the account of the deceased; and
(c) it has been made clear to the survivor(s) / nominee that he would be receiving the payment from the bank as a trustee of the legal heirs of the deceased depositor, i.e., such payment to him shall not affect the right or claim which any person may have against the survivor(s) / nominee to whom the payment is made.
The legal heirs may issue notice to BM and HO of the establishment, asking not to make the payment to nominee and ASAP approach their very able LOCAL counsel to fetch relief thru court of law.
You can pursue RTI route to know details of deposits!
If you feel that you (implying all legal heirs) are properly informed and can handle the matter on their own; GO ahead.
Kumar Doab
(Expert) 23 December 2018
You may also go thru;
Supreme Court of India
Ram Chander Talwar & Anr vs Devender Kumar Talwar & Ors on 6 October, 2010
Author: ...................J.
Bench: Aftab Alam, R.M. Lodha
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1684 OF 2004
https://indiankanoon.org/doc/3974595/
There are many posts by ill-informed IT's and entities that have mislead unsuspecting querists that Nomination is kind of WILL and Nominee becomes true owner.
IT is wrong, FALSE.
Nomination is NOT WILL.
Gandepalli Madhu
(Querist) 25 December 2018
Hello Kumar Doab,
We all re hindus and now it is clear that we have rights over the property and we have pursued RTI for the unknown details and waiting for the reply.
1)Once we get the details of the bond/deposits , how do we proceed further?If we have to go to court , what type of case has to be put and how effective it will be ?
2)We also came to know that there is a house and its in the name of the grandmother. How do we go to court to claim the share in the house?
Regards
Madhu
Kumar Doab
(Expert) 26 December 2018
As already suggested above Civil Court may be approached to restrain the establishment from making the payment..
Court can ask the OP to submit details/docs of all estate/property of deceased.
Succession Certificate can be applied and party may be asked to submit affidavit with all details.
Kumar Doab
(Expert) 26 December 2018
In the meantime you may go thru;
Delhi High Court
Mrs. Leelawati Singh And Anr. vs State And Ors. on 16 September, 1998
Equivalent citations: 4 (1998) CLT 165, 75 (1998) DLT 694
Author: K Ramamoorthy
Bench: K Ramamoorthy
https://indiankanoon.org/doc/1751998/
Bombay High Court
Shakti Yezdani And Anr vs Jayanand Jayant Salgonkar on 1 December, 2016
Bench: A.S. Oka
sng 1 appeal-313n311.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 313 OF 2015
IN
NOTICE OF MOTION NO.822 OF 2014
IN
SUIT NO.503 OF 2014
ALONG WITH
APPEAL NO.311 OF 2015
IN
TESTAMENTARY PETITION NO.457 OF 2014
APPEAL NO. 313 OF 2015
https://indiankanoon.org/doc/90095408/
Madras High Court
K.Indirani vs K.Manjula on 22 July, 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:22.07.2011
CORAM:
THE HON'BLE MR.JUSTICE T.MATHIVANAN
A.S.No.716 of 2008
and
M.P.Nos.1 of 2008 & 1 of 2009
https://indiankanoon.org/doc/179675596/?type=print
You should be crystal clear.
rest your own counsel can handle the matter for you.
Kumar Doab
(Expert) 26 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
