Gagan 23 April 2016

Is nominee entitled to pay money to legal hirers??

My grandmother made my dad nominee for her saving account in post office and after death my dad got money from her saving account but now my dad,s sister is asking my dad to pay share to her through court.so is it necessary that my dad should pay money to her sister and my dad got money through fixed deposit of my grandmother as nominee,so she ill get share from fixed deposit too???please reply its very urgent

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JustAdvisor (IT) 23 April 2016

did your grandmother make a will? was the money self acquired or inherited through her husband/her parents? and yes - are all Hindus? generally nominee is a representative on behalf of the legal heirs.

Advocate Bhartesh goyal (advocate) 23 April 2016

Nominee is only trustee,he has no right to retain the amount which he got under the right of nomination,such amount constitute the entitlement of all legal heirs of deceased.

Gagan 23 April 2016

so my dad have to pay money to his sister..but if so then whats the use of nominee??

JustAdvisor (IT) 23 April 2016

your father is the nominee to the account vis-a-vis the bank. this means the bank will hand over the account to him and be discharged from it's responsibilities (otherwise bank will demand a succession certificate). responsibility is on your father to distribute the money to all legal heirs which also includes his share. it is advised that entire family settle the matter mutually and amicably with assistance of an able counsel.

Gagan 23 April 2016

so my dad have to pay money to his sister..but if so then whats the use of nominee??

Gagan 23 April 2016

But my dad,s sister was not having good relations with my grandmother

Gagan 23 April 2016

But my dad,s sister was not having good relations with my grandmother

Gagan 23 April 2016

So my dad and sister are only legal hiers or being grandson/granddaughter i am also the legal hier??

Gagan 23 April 2016

So my dad and her sister are only legal hiers or being grandson/granddaughter i am also the legal hier??

Gagan 23 April 2016

So my dad and her sister are only legal hiers or being grandson/granddaughter i am also the legal hier??

Kumar Doab (FIN) 23 April 2016

1. What is the use of nominee? If the deceased a/c is without nomination and amount is beyond min. threshold limit set by bank your father/father's sister may have to obtain succession certificate from court.

2. You and your father are not properly informed and probably rigid also hence the sister has moved court.

3. If the deceased was Hindu female and her estate self acquired then her husband and asons and daughters shall share equally.

Having explained that it shall be better if a registered family settlement is done.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 April 2016

If your father and his sister were the only children of your grandmother each will have 50% share of the estate left behind by your grandmother. In other words your father will have to givr 50% of the amount to his sister irrespective of what the relationship was between your grandmother and her daughter. You, as grandson will have right after the death of your father.

Is nominee entitled to pay money to legal hirers??

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