Rights of spouse after death of husband and lehal rights of her daughers.
Vinod Trivedi
(Querist) 04 June 2014
This query is : Resolved
Sir,
One of my neighbor died last year. His wife and two married daughter are left behind. I wanted to know what will be the rights for all 3 persons:-
1) Rights in property : In case, no WILL was made by belated father, what will be the share of daughters in property / Cash hold by Mother? (At the time of Death of father, all Deposits are joint in the name of Mother and Father)
2) Rights of daughter in Gold posses by their Mother - Whether all daughters have equal rights in gold ? Or will it be decided by their Mother only? (Majority of gold was not Stri Dhan / Maternal gift from relative of mother, It was made out of earnings of their father)
3) Can mother be a decision making for daughters while distribution of property earned by his husband (i.e. doughter’s father.) Can she legally do unequal distribution?
Please suggest as they asked me to intervene.
Kumar Doab
(Expert) 04 June 2014
1. Bank can discharge the responsibility by making the payment of proceeds to Nominee(s) of the deceased as per mandate and type of Bank a/c..................
If there in NO Nomination then bank shall again follow the rules.
However the BM can pay the proceeds by asking to sign Indemnity, provide surety…………….
Follow RBI guidelines:
RBI / 2009-10 / 57
DBOD.No.Leg. BC.9 /09.07.006/2009-10 July 1, 2009
Master Circular on Customer Service in banks
20.Settlement of claims in respect of deceased depositors Simplification of procedure
20.1 Accounts with survivor/nominee clause
20.2 Accounts without the survivor / nominee clause
The Nomination does not supersede and overrule succession.
The Nominee in Bank a/c has to pass on/distribute the proceeds to legal heir/successors.
The Mother and daughters are CLassI legal heir and shall share the wealth of deceased equally.
2. The Lady has acquired the Gold from her husband and shall enjoy it till his lifetime and can pass it on to anyone during her life time.
3. Refer to 1.
There are many threads on similar queries that you may find relevant e.g;
http://www.lawyersclubindia.com/experts/Legal-heirship-474631.asp#.U49AUUeBmXU
You can download the RBI circular from following thread:
http://www.lawyersclubindia.com/forum/Rights-of-nominee-102430.asp#.U4WW90eBmXU
You may find another thread as relevant:
http://www.lawyersclubindia.com/experts/Indemnity-by-a-us-citizen-indian-law-472326.asp#.U4WX2UeBmXW
Shonee Kapoor
(Expert) 04 June 2014
1. The property of the husband shall be divided equally between the wife and daughters of the deceased. The deposits can be divided equally between the deceased and the wife and then the part of the husband be divided equally.
2. The property belongs to the wife and she is free to do anything with it and can give it to anyone.
3. Not for husband's property, but for her part she can do whatever she likes.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
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If you don't fight for what you want, don't cry for what you LOST.
Rajendra K Goyal
(Expert) 05 June 2014
The property of husband shall be divided equally among all the legal heirs.
For gold even if purchased by deceased and given to wife is her and she can enjoy it as per her wish.
Raj Kumar Makkad
(Expert) 06 June 2014
Well advised by experts hence no more to add.
Sudhir Kumar, Advocate
(Expert) 20 July 2014
Gold is streedhan and the lady has absolute discretion in its distribution and on nothing else.
Raj Kumar Makkad
(Expert) 20 July 2014
@Sudhir ji! What necessitates to reply one month old query which seems already resolved?
