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santoshmtomas@gmail.com (santoshmtomas@gmail.com)     25 July 2012

Legal heir

My father had Savings by way of Post office Deposits, Insurance Policies, Bank Deposts. After his death the nominees (eldest son and daughter)  took all the money. I (youngest son ) have no info on the deposits and policies. Am I entitled to a share? How should I proceed, since I do not have any info on his savings (in which bank, p.o, insurance branch or how much)?

 

Santhosh 



Learning

 8 Replies

V. VASUDEVAN (LEGAL COUNSEL)     25 July 2012

Nominee is only the representative/trustee of the legal heirs and an authorized person to receive the benefits on behalf of the legal heirs. Hence you are entitled to your share of all the monies received by them as nominees. Write a letter asking for the account of the monies and payment of your share. If the matter is not settled, you can issue a legal notice.

Vasudevan

adv. rajeev ( rajoo ) (practicing advocate)     25 July 2012

Off course you are entittle for the share.  To claim your share you have to file a suit but you requires details of the deposits.

Ajit Singh Cheema (practising Advocate)     25 July 2012

Nominee to receive payment on behalf of legal heirs-Supereme Court

I would like to bring in to the kind notice of all members of the forum , A latest judgement by supereme court on the subject , in the case of

Kumar Chander Talwar verses Devinder kumar Talwar.

The Supereme Court held in this case,

“Section 45(2) merely put the nominee in the shoes of the depositor after his death and clothes him with the exclusive right to receive the money lying in the account, it gives him all the rights of the depositor so far as the depositor account is concerned. But it by no stretch of imagination makes the nominee the owner of the money lying in the account. It need be remembered that the Banking Regulation Act is enacted to consolidate and amend the law relating to banking. It is in no way concerned with the question of succession. All the monies receivable by the nominee by virtue of section 45 ZA(2) would , therefore , form part of the estate of the deceased depositor and devolve according to the rules of succession to which the depositor may be governed “

As such it is very clearly laid that the nominee receives the payment on behalf of all the legal heirs.

I may further advise that information regarding details of the amount paid to the nominee  from the account of your father (deceased) be called from all the Financial Institutions clearly stating that you are the legal heir of the depositor and require the information for the purpose of succession certificate.

Ajit Singh Cheema (practising Advocate)     25 July 2012

Nominee to receive payment on behalf of legal heirs-Supereme Court

I would like to bring in to the kind notice of all members of the forum , A latest judgement by supereme court on the subject , in the case of

Kumar Chander Talwar verses Devinder kumar Talwar.

The Supereme Court held in this case,

“Section 45(2) merely put the nominee in the shoes of the depositor after his death and clothes him with the exclusive right to receive the money lying in the account, it gives him all the rights of the depositor so far as the depositor account is concerned. But it by no stretch of imagination makes the nominee the owner of the money lying in the account. It need be remembered that the Banking Regulation Act is enacted to consolidate and amend the law relating to banking. It is in no way concerned with the question of succession. All the monies receivable by the nominee by virtue of section 45 ZA(2) would , therefore , form part of the estate of the deceased depositor and devolve according to the rules of succession to which the depositor may be governed “

As such it is very clearly laid that the nominee receives the payment on behalf of all the legal heirs.

I may further advise that information regarding details of the amount paid to the nominee  from the account of your father (deceased) be called from all the Financial Institutions clearly stating that you are the legal heir of the depositor and require the information for the purpose of succession certificate.

Chandrakant (-)     26 July 2012

Hello,

I Jadhav has a property in Bhosari under  PCMC area, as this proprty was constructed by my father in 101980 he has not taken any permission by pcmc though all over our area nobody has taken any permission to construct the house but our property details are given in PCMC we are paying the property tax of it every year

Now the pcmc has taken the stunt ot pay property tax double by the court orders

I am not able to get the court judgement on any site where the court says pay property tax double & get your property liggulised. so I would like to get this order please help.

saif ur rahman (aurangbad )     28 July 2012

sir we have a some acre of inami land of my grand father in bidar karnataka state but some other poeple was on that property  from 40 .45 year..can we get that land according to the land law acts .beacause that land still on my grand fathers name ..and please say  inami land will  transfer to grandson or we will sale land

please

sir iam waiting for your valuable comment

jyotirmaya behera (advocate)     29 July 2012

you are entitled for that  share. contact with there ( your local lawyer) lawyer & send a legal notice to them if they do not settled the matter tn file a civil suit before filling the suit you most collect all the evidence / proof which are in favor of your.

collect all the data by RTI Act 4m insurance, P.O, and bank

saif ur rahman (aurangbad )     29 July 2012

will that inami land tranfer to ther grand son and in future we sold that land 


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