I am summarizing a family case, seeking opinion from knowledgeable person/legal professionals/experts, with possible case reference and guidance.
1) An age-old relative of mine passed away, leaving no spouse and children behind him.
2) His blood related living relations are (i) his deceased eldest brother’s two sons and one married daughter and their children and (ii) his living elder brother having one married daughter.
3) The deceased stayed as a family member of deceased elder brother’s family for more than 50 years, at Dum Dum, Kolkata after his transfer and till retirement and thereafter. He lived happily with the deceased elder brother’s family and even not shifted to an adjacent flat in a builder apartment which he bought.
4) About two years back from the demise of this relative, the second elder brother who is staying in Salt Lake, Kolkata could convince my relative to stay away from deceased eldest brother’s family and take occupancy in his adjacent flat, thereby detaching from the comfort of his deceased eldest brother’s family. Three month’s thereafter, he took away the relative to his
5) The relative in question was not happy, though he could not disregard his living elder brother of this decision. Thereafter, he felt ill and suffered continuously and finally died a few days ago at his
6) The relative expressed his unhappiness and discomfort in staying with his brother’s family at
7) Just six month’s back, the
8) The son’s and other member’s of his eldest broth’s family could not disregard and allowed everything to take away by the second brother.
9) On the death of the relative (youngest among the three brothers) the
10) Now that the relative’s wealth holding is voluminous, which consists of his superannuation,
From the above summary of details, I seek guidance and legal implications in relation to the “ LAW OF DECENT AND DISTRIBUTION’. In case an uninformed “WILL or TESTAMENT” if executed without other’s knowledge and if nomination registered in the name of others apart from his
What steps to be initiated by the deceased elder brother’s family, who do not have any details on his securities or others, to protect their interest, if at all any is there in their favour?
Any further clarification, if sought is welcome to provide judicious and helpful advice/guidance.