Legal Hier Rights
Tarun Kapoor
(Querist) 20 December 2015
This query is : Resolved
Hello Sir,
Just a week ago I have lost my Fufaji and they have declared myself as a nominee in his banks etc...we (me and my 2 sisters) are their only children's thru love relationship. They didn't registered any WILL regarding his properties.
I have done my schooling partly from their home in my childhood and they were treated me as their son and my 2 sisters as their daugthers only (no adoption legally).
Now their few relatives from their home town are creating troubles for property and assets etc, even they also don't have any papers with them.
Can you suggest how should we deal with them and get the property rights etc...
Thanks,
Taru
Advocate Kappil Cchandna
(Expert) 20 December 2015
Sir,
After the death of the person, his first class legal heirs are entitled to have the claim over the property, if the Will is in your name then you can seek the probate of the property through the court.
Even a valid registered gift deed will work.
Warm Regards
Kapil Chandna Advocate
9899011450
Kumar Doab
(Expert) 20 December 2015
Nominee is only a trustee to receive the funds and has to legal heirs.
So you may submit claim to bank and provide equal share to his legal heirs.
Has he left any WILL, even if not registered?
It is believed that he was Hindu.
His ClassI legal heirs shall have first claim i.e. Mother/wife/children...............
Does he have anyone from ClassI relations?
Dr J C Vashista
(Expert) 21 December 2015
A nominee is a trustee/custodian and not successor, the property cannot be succeeded by you or your sisters since none of you fall in any class (if you are professing Hinduism).
Consult and engage a local lawyer for poroer analysis, guidance and proceeding.
Rajendra K Goyal
(Expert) 21 December 2015
You can withdraw from Banks as nominee, the proceeds in your hands would be as trustee of the legal heirs.
Adv. Yogen Kakade
(Expert) 21 December 2015
If your fufaji was hindu.. the property shall be distributed among the successors as per the provisions of Hindu Succession Act.. It's not necessary that the successors should have any papers or documents..
And as being a nominee you are merely a trustee and not the owner.
Kumar Doab
(Expert) 21 December 2015
If there are ClassI legal heirs and as a nominee you collect funds from bank but do not distribute, they can sue you.
A. A. JOSE
(Expert) 21 December 2015
Nominee has only right to receive the property as a trustee for the legal heirs please.
K.S.Srinivas
(Expert) 26 December 2015
Nominee is the trustee of the property but he is not the successor of the deceased person. The provisions of the Hindu Succession Act, 1956 do not permit you to claim any right on the property. The property will be devolved on the legal heirs of the deceased person.
