Succession

Naveen ji,

First of all you have to get the succession certificate from the court against all these properties and wife and both the daughters are equeally shared owners.

Your further clarification is welcome at nominal fee at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

 Hi, anyone else want to reply or provide some more info in the case mentioned above.

Questions: with answers

1 No loan payments are being made to ICICI, and wife of uncle is staying in house. Can both daughters claim ownership in house ?

 Who was paying the loan?, If it was your uncle, then file case in court as benami transaction and ask for share.

2 Ex gratia payment came from bank and was to be distributed between wife and two daughters but wife refused to sign. as a result, no one got the money. How to claim that amount for daughters share ?

3 Lic policy (Nominee not mentioned) how to proceed in this one and get claim.

4 Lic Policy ( Nominee was 1 daughter), but Loan was taken on policy. As per policy terms, loan can not be taken. But it was taken. so loan should be deemed as VOID. but still we repaid the loan. Now LIC is saying that due to loan, nomination got cancelled so all will get amount. so get a succession certificate. I ask if loan was void then nomination stand uncancelled so Nominee daughter should get the amount.

Nominee is a person who recieves money and should distribute it among all legal heirs. should not take all the amount. 1 daughter cannot take all the amount, Since nominee is cancelled. 

File a succession OP (SOP) in the concerned court and give details of all legal heirs (Legally wedded 2nd wife must be added)  If 2nd wife does not cooperate add her as a respondent and get a succession certificate metioning all the properties for which succession certificate is needed. You also have to pay requisite court fee for the proceeding value of property.

 Respected sir, thanks for your reply.

Just to ask you 2 thing. If policy rule says that loan can not be taken and still loan is taken then that loan should be void ab initio. Yes or not ?

and if yes, then anything b'cos of loan is also void. so original nominee will get money. 

and In my view, nominee is not a reciever for all, he has full right and claim and has no liability towards other heirs. else what's the use of nominee....

Please correct me if i am wrong.

Thanks.

You need a detail consultation and for that you may contact any local lawyer or

Your further clarification is welcome at nominal fee at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

CHANDIGARH (INDIA)

We also have branches all over India.

Just to ask you 2 thing. If policy rule says that loan can not be taken and still loan is taken then that loan should be void ab initio. Yes or not ? YES

and if yes, then anything b'cos of loan is also void. so original nominee will get money. TRUE BUT YOU HAVE TO GO THROUGH THEIR RULES ALSO, IF THE AMOUNT DISPERSING  OFFICER STATES ANY CHARGE THEN YOU MAY HAVE TO CHALLENGE HIM AND GO TO COURT FOR THAT YOU CAN APPLY FOR SUCESSION CERTIFICATE IN COURT.

and In my view, nominee is not a reciever for all, he has full right and claim and has no liability towards other heirs. else what's the use of nominee....:- YOU CANNOT HAVE VIEWS ON THIS IT IS LAW. NOMINEE IS A RECEIVER. HE/SHE SHOULD RECEIVE AMOUNT AND DISTRIBUTE IT TO ALL LEGAL HEIRS EQUALLY. IF NOMINEE IS NOT LEGAL HEIR HE/SHE CANNOT TAKE ANY AMOUNT.

i agree with mr. vikram. his advice is proper and detailed you must thank him.

 Thanks to all of you. I got all my answers by contacting a local lawyer and found that Nominee is somehting else than what i thought.. Thank u all....... :)