ketan gawade 07 September 2020
Dr J C Vashista (Advocate) 07 September 2020
What is your concern /locus standi to the question paper ?
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 07 September 2020
DS died intestate. Therefore, all legal heirs shall be claimants and get the shares according to the law applicable to them.
WDIL can receive the money in terms of the Nomination only as a Trustee to such Deposit/Claim amount and it is her bounden duty to share with other legal heirs, as DS died intestate.
Better have a family settlement in the presence of family elders and share the property, Deposit, Claim amount, and other property giving due consideration to the old parents as well as WDIL. Once a settlement is reached, the same may be reduced to writing and create a settlement deed taking the help of a good and reliable Lawyer and get the same registered the same to avoid future disputes, and also as immovable property also appears to be involved.
G.L.N. Prasad (Retired employee.) 07 September 2020
To me, it appears that the entire property is self-acquired by a deceased son, and he has bequeathed the property through a valid testament and hence others (not mentioned in the will) may not be having any valid legal rights. Mostly will state the status of acquiring the property and some mentions specific reason for giving such property also through the will to a specific person.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 07 September 2020
Prasad jee,
It's mentioned in the query that the deceased died intestate. Nomination is not a Will and cannot be construed as such under any stretch of imagination.
G.L.N. Prasad (Retired employee.) 07 September 2020
Yes. Sorry, I have not followed entire sentence which states as follows: (WDIL) only. He has died intestate.
This is the query: Rights of mother on the deceased son's property
When there is nomination in the name of the deceased wife and all those appear to be self-acquired.
Shashi Dhara 07 September 2020
Both mother and wife are lrs each get equal half share.first obtain PSC certifate.
P. Venu (Advocate) 07 September 2020
The facts posted are rather disjointed. As understood, the deceased is married, with no children. His parents are alive; he has a brother, too.
His estate would be inherited in accordance with the personal law. If a Hindu, the mother and wife are the Class I legal heirs and they would inherit in equal shares. The father and brother are only Class II heirs and hence not entitled for any share.
As regards to service benefits - gratuity, leave encashment etc., the same will be sanctioned in accordance with the service rules, as applicable. As a general rule, it is the wife who is entitled for those benefits.