Succession rights
Richa Khullar
(Querist) 18 September 2015
This query is : Resolved
My grandfather died leaving my father as nominee in all bank accounts. My grandfather has always stayed with my father and he only took care of him.Now my father's sister wants a share in property. Does she have a right. How to file my grandfathers income tax.....do we need a succession certificate for this. What should we do.
Kumar Doab
(Expert) 18 September 2015
It is believed that you are Hindu.
The nominee is mere a trustee.................and Bank can make the payment to nominee and discharge its responsibility................until or unless there is a court order restricting the bank to make the payment.
If a dispute is raised then Bank may ask to bring succession certificate from court of pecuniary jurisdiction.
The nominee has to part the proceeds equally amongst all ClasssI legal heirs that include Mother,spouse,children(Sons/Daughters)..............
Thus sisters have equal share in funds in Bank accounts.
Therefore it shall be sensible that all children make get the funds without litigation.......... from bank.
It does not matter if your father only took care of your grandfather.
It is customary that eldest child can file the ITR of deceased father.However it is not mandatory and any child can file ITR of deceased father.
You have mentioned 'Now my father's sister wants a share in property. '.........Does it include immovable property also?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 18 September 2015
1) Bank normally releasw money by taking nominal docs duly signed by u.
2) However u are only custodian n other heirs can claim
Rajendra K Goyal
(Expert) 19 September 2015
Sisters have equal share in the property of her parents they have right to claim. Maintaining / taking care of parents by son is legal and moral responsibility.
