Deepak 15 August 2016

Division of bank balances and jewelry on death of father and mother

My father died without a will. He had bank balances in his accounts jointly with my mother and also my mother had jewelry acquired based on my father's earnings/income. I understand after my father's death the bank balances and jewelry will be divided equally among my mother and all her three children 25% each, please advise and confirm. Also please confirm that my mother can only will her 25% share to anyone she likes. My father also had an HUF, are the bank balances and jewelry also to be viewed as part of HUF and would be divided equally among the living co-parceners on the death of both my father and my mother i.e. 33% each and my mother has no legal authority to give it to anyone. Please advise.

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adv.bharat @ PUNE (Lawyer) 15 August 2016

To the bank balance is given to nominee as per record of bank.

While jeweliry will be given as per wish of deceased wish.

Deepak 15 August 2016

Nominee is only a custodian and not a successor to the bank balances. Nominee is for the purpose of operation and does not automatically assume the right to it. Since there is no will by my father, I am asking the legal position for division of jewlery.

Sanjay Gautam (Advocate) 15 August 2016

First about joint bank account. As your mother is in joint account with your father and the operation of the joint account is either or survivor then your mother is deem to be the owner of the balance unless you can show that the same bank account is in use for HUF or there is some other arrangements or wish of your father. Secondly jewellery. As your mother got the jewellery during the life time of your father it is deemed to be given by your father to your mother as per his wish and will and she hold all the right over it. Now come to HUF, your query is not complete hence no answer can be given.

Sanjay Gautam (Advocate) 15 August 2016

Kumar Doab (FIN) 15 August 2016

Your mother's jewels may be her Stridhan.

You may succeed to claim from nominee.

For HUF you need to provide full details.

Your mother is at liberty to dispose her self acquired/absoloute property in her life time to anyone as it pleases to her.

If your mother is not earning she can claim maintainance from her children.

It is a family matter.

Better resolve amicably.

Division of bank balances and jewelry on death of father and mother

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