Legal heir of cash of bank a/c.
GAURAV
(Querist) 16 November 2011
This query is : Resolved
Sir, "X" died intestate leaving behind son,daughter,wife and mother.Each will get 1/4 share in his immovable property as legal heir.He had some cash in his Bank a/c.Whether the cash will also be divided equally between the four.The nominee in bank was wife of "X".
ajay sethi
(Expert) 16 November 2011
yes amount lying in bank account will go to wife as nominee . but nominee is only a trustee for all legal heirs .
GAURAV
(Querist) 16 November 2011
Sir, The total amount lying in the bank was withdrawn by wife of "X". And she is giving nothing to mother of "X".what the mother should do?
Rajeev Kumar
(Expert) 16 November 2011
The mother should file a suit against her for share
ajay sethi
(Expert) 16 November 2011
mother in law should give notice to daughter in law . if daughter in law refuses to pay file suit
Arvind Sehdev
(Expert) 16 November 2011
Mr.Ajay is correct... Nominee is a simple trustee of the money... Money shall be divided between the legal heirs....
Although a Trustee can be given a small fraction for his/her services as trustee [which the trustee can claim]....
But the money belongs to its legal heirs if there is no will to change it otherwise...
Raj Kumar Makkad
(Expert) 16 November 2011
Widow herself cannot retain bank accumulations even though she might be nominee in bank account. Her mother in law being entitled for 1/4 share can file a civil suit for recovery against her.
prabhakar singh
(Expert) 16 November 2011
son,daughter,wife and mother.Each will get 1/4 share NOT ONLY in his immovable property as legal heirs BUT IN HIS MOVABLE PROPERTIES ALSO.
SO NOMINATION IS AUTHORIZATION TO RECEIVE AS A TRUSTEE FOR OTHER HEIRS WITH DUTY TO DISTRIBUTE AMONG HEIRS. HENCE SHE CAN COLLECT
FROM BANK BUT CAN APPROPRIATE ONLY HER 1/4 ,THE REST SHE HAS TO DISTRIBUTE AMONG OTHER SHARERS.
Sailesh Kumar Shah
(Expert) 17 November 2011
agree on similar views of all experts. No need to write the same.
GAURAV
(Querist) 17 November 2011
Thanks All Experts, I further I want to ask:-
1.The property in hands of mother of "X" will be her personal property or ancestral?
2. Can the mother of "X" can gift her share to her daughter who is looking after the mother
3. If yes, whether by Gift Deed or it can be given by Release deed also during her lifetime.
prabhakar singh
(Expert) 17 November 2011
Instead of quizzing it would be better if state facts so that we can reply properly.
in the manner you are using is expressed in Hindi as"male muft dile beraham".
any way!only conditional answer is possible:
1]If the property in the hands of mother is in her name and was acquired by her by any sale deed or was inherited by her from her father or from her mother or it is in nature of a share allocated and inherited from her husband then it is her personal property which she can dispose any way she
likes,by sale, gift,lease will or what ever mode she chooses.
2]as already told, yes.
3]If the daughter also has share therein then release option would be cost effective
and if daughter does not have share there in then gift option is the requirement.
GAURAV
(Querist) 17 November 2011
Dear and Respected Prabhakar Sir, Why are you so annoyed, I think I have stated facts in my original query where I have clearly stated that the mother inherited the property from her deceased son "X". So please reanswer that “The property in hands of mother of "X" will be her personal property or ancestral”?
RAJU O.F.,
(Expert) 17 November 2011
Deposit of the deceased person X will be paid to his nominee being wife only, by the bank, unless prevented by an Order of a competent Court. Direct claims from others will not be entertained by the bank.
Sailesh Kumar Shah
(Expert) 19 November 2011
Question:So please reanswer that “The property in hands of mother of "X" will be her personal property or ancestral”?
Answer: Personal.
GAURAV
(Querist) 19 November 2011
Thanks Shri Shailesh Shah and other experts.
girish shringi
(Expert) 21 November 2011
If it is been earned by the son and named to mother then be careful,before deciding.
Guest
(Expert) 21 November 2011
Agree with Rajeev Kumar and Ajay Sethi.
