distribution of father's money died inestate

Anubhav Dobhal (Querist) 21 July 2015 This query is : Resolved
Greetings, lawyersclub India.

Sir, my father died in the year 2011, without a will. I have an elder brother and a mother we both are married. At the time of my father's death my mother and brother ask me to do his funeral activities which I agreed as my father and I had good relations. Then my brother took care of all the accounts of my father and didn't tell me that he had 2 pensions both from Central govt. Two month back I came to know all this and also that my brother made some FD's in my mother name and made himself nominee in all the pension and FDR.

Sir, as I am unemployed since last two years my mother is staying in Delhi with brother and doesn't give any maintenance for the house in dehradun where I stay. Can I ask them for the maintenance of the house for last 4 years and do I have any right in father's pension and FDR which is done by the money father left behind and also can I become the nominee which is changed by my elder brother.

Thanks and regards

Anubhav Dobhal

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Anubhav Dobhal (Querist) 21 July 2015
Pls help out sir.

Guest (Expert) 21 July 2015
Please clarify:

1) Two pensions to a retired employee on what account?

2) Your father retired from which post of the Central Government?

3) What was the amount of each pension per month?

4) FDs made for how much amount?

Rajendra K Goyal (Expert) 21 July 2015
Author need to reply the questions from the expert PS Dhingra ji for proper advise.

Kumar Doab (Expert) 21 July 2015
Bank/PO a/c's etc: if the a/c were with nomination then bank can discharge its liability by making the payment to nominee.
The nominee is just the hand to receive and has to distribute to legal heir(s)/successors.

If your father has not left any WILL or has not given away his estate including his property in his life time then your mother/brother and you have equal share.

The amicable family settlement is the best option or Partition by partition deed or thru court are other options.

krishna mohan (Expert) 29 September 2015
Pension is for the maintenance of your mother and you may not have any right. But on property you may have. As advised by expert member better option would be an amicable settlement as your mother is alive who can take care of your interest. Avoid litigation.

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