Intestate with Nominee
Satish Ravindrakumar Avhad
(Querist) 15 April 2011
This query is : Resolved
Hi,
My Father died intestate.
He has appointed nominee for some of his properties. He also has joint account in banks with my Mother.
He also hold shares with nominee details given.
Now, the questions are:
1. When such nominee details exist, how the intestate's property is disstributed amongst legal heirs (Mother, 1 Son & 1 Daughter)?
2. Does Nominee have pecedance over the Hindu law intestate rules?
3. What is the legal process to be followd to trnasfer the ownership of assets including cash balance in banks and shares?
Thanks a lot in advance,
Satish
Arvind Singh Chauhan
(Expert) 15 April 2011
Joint account shall be handled by mother according to her wish.
For rest queries explanation is as follows-
Sec-372,6,7 & Hindu Succession Act 1956 Sec 8(2)- Claiming of nominee of deceased – maintainability- A settled legal principle is that the nomination is only the hand which accept the amount and a nomination does not confer any beneficial in the nominee- A mere nomination doesn’t have the effect of conferring to Nominee any beneficial interest in the amount payable under LIC- The property or the amount as the case may be claimed by heirs of deceased in accordance with law of succession governing them- SC-UAD-2010(1)-151.
Nomination made by an employee or an account holder, only facilitates payment by the person, in whose custody the money is lying of the employee or account holder, by making payment to such nominated person on the contingency like death – for which the nomination was made- In other words it is a third party discharge, without going in to the controversy as to who is actually entitled to succeed the amount- In present case admittedly, the petitioner was nominated by deceased- In absence of change in nomination and in view of the said nomination- The petitioner was entitled for the dues of the deceased without prejudice to the right of the respondent No- 3- Departmental authorities accordingly gave direction to release the G.P.F to the petitioner on the basis of nomination of the deceased- UTT- UAD-2010(1)-409.
Naresh Kudal
(Expert) 15 April 2011
mother has the right over joint account.
for other properties for which nominee had appointed, you can make a claim to such nominee for your share. Nominee is only a trustee of property, not owner. It is his duty to distribute the property among hairs of the deceased. If nominee refuses to do so you can sue upon him.
