Section 61, indian trusts act
pvra
(Querist) 08 January 2016
This query is : Resolved
Respected Sir,
I am female living in Tamil nadu, aged 40 yrs.
My younger brother (37 yrs), who is nominee for my late father's bank deposits, refuses to give my share of our late father's money lying in bank.
I wish to invoke Section 61 of Indian trusts act by which Honorable Court can compel him (trustee) to do his duty of transferring beneficiary's (my)rightful money to me.
I respectfully and humbly request Honorable Supreme Court citations.
Looking forward to your valuable replies.
Eshwari
kavksatyanarayana
(Expert) 08 January 2016
Author, the beneficiary has a right that his/her trustee shall be compelled to perform any particular act of his/her duty as such, and restrained from committing any contemplated or probable breach of trust. you can get an injection order from the court.
M/s. Y-not legal services
(Expert) 09 January 2016
Eswari madam,
Your brother has no right to do so.. Nominee is not owner of the deposited money. File a civil suit by claiming your share..
Rajendra K Goyal
(Expert) 09 January 2016
Citation not provided in this section.
Advocate/CS Sanjeev Kataria
(Expert) 09 January 2016
there is ruling by apex court in Basanti Devi Case that nominee is only custodian of money/property, it shall be distributed by personal laws
pvra
(Querist) 11 January 2016
Respected Sir,
Regarding my above query,
Nominee being trustee of legal heirs, as stated by RBI.
Trustee (my younger brother) is not fulfilling his duties, and acting inimical to my (beneficiary's) interests.
I wish to remove nominee as trustee of my late father's bank deposits, and plead to Court to appoint new trustee.
Kindly let me know if this can be done.
Look forward to your valuable replies.
Eshwari
Dr J C Vashista
(Expert) 12 January 2016
Consult and engage a local lawyer for proper analysis, guidance, advise and proceeding as your brother is illegally and unauthorisedly withholding your share.
pvra
(Querist) 23 January 2016
Respected Sir,
I respectfully request your opinions:
If I apply for succession certificate to claim my late father's deposits, where nominee has already received the money from the Bank, and if Court issues this certificate to me in this stage, kindly let me know if bank has the authority to collect the money from nominee and pay to me.
Look forward to your valuable replies.
Eshwari
pvra
(Querist) 23 January 2016
Respected Sir,
I respectfully request your opinions:
If I apply for succession certificate to claim my late father's deposits, where nominee has already received the money from the Bank, and if Court issues this certificate to me in this stage, kindly let me know if bank has the authority to collect the money from nominee and pay to me.
Look forward to your valuable replies.
Eshwari
Dr J C Vashista
(Expert) 23 January 2016
Of course, the bank shall have to pay the amount to its legal owner (successor in your case); subsequently recover from the person withdrawn or to adjust it from their own resources for that you need not worry.
Apply for succession certificate through a local lawyer and get your legitimate entitlement/share in your deceased father's property/deposits.
pvra
(Querist) 29 January 2016
Respected Sir,
Thank you for your valuable opinions. I have applied for succession certificate.
Thank you once again.
pvra
(Querist) 05 February 2016
Respected Sir,
Unfortunately, Hon'able Judge returned my petition with remarks that ' Succession certificate can be applied only for debts/ securities of deceased depositor'.
implying that in my case, as my father's deposits has been paid to nominee, these deposits cannot be called deceaseds' deposits, and succession certificate is not useful in this case.
Hon'able Judge has also said orally that I can go for partition suit.
I wish to know if I can apply for partition suit only for the bank deposits. I do not want to involve immovable propreties at this moment.
My advocate is also uncertain if this can be done. (about partition suit without involving immovable assets).
Look forward to your valuable opinions.
Eshwari
