Who own's the property?

respected querist,

if your father had not made any will then all property belonging to him will go distributed among his legal heirs,i.e. in between you and your brother and mother,all will get equal share from his property and if he had mentioned your youngers brother name in any bank account as nominee ,of course he will get that amount shifted in his name and all rights about money too.the accounts where no nominee is mentioned will get distributed among all of you.

Sir,

I have a similar query.  My father-in-law died in 1983 in a road accident. My wife had four siblings at the time of his death, but two of them ( a married sister and a brother) also died soon thereafter, so there were one brother and  two sisters including my wife besides my mother-in-law.

 

My wife's borther demolished teh old house and built a new three storey building after the property was mutated in the name of my mother-in-law where all children gave necessary no objection certificates.  Last year, my mother-in-law died leaving no will behind her.  Meanwhile, my brother-in-law also shifted to a new bigger house that he purchsed with his own income. The parental house is rented out, the income of which is retained by the brother-in-law. He is now keen to dispose of the parental house and wants both sisters to agrre for transferring the house in his name. Both sisters are, however, not quite keen to oblige and are asking for their share.

 

My brother-in-law has now produced a hand-written 'will' of his father duly authenticated and witnesses by two neighbours which is dated when all fice siblings were live. As per this will, the parent house would go in thejoint name of two brothers in which the sisters would have no share. Of the two brothers, one is no more now so the lone living brother demands teh house to be entirely in his name.

Does the said 'will' is valid in the court of law, particularly since it is not registered and  the property has already been mutated in favour of teh mother once?

Do the two sister have any share in teh said property? And what about the children of the deceased sister?

Looking forward to some good advice.

Rajendra

 

 

 

@Gagan : The property on your father becomes vested in all three of you in equal respects, the fact that you have incurred a lot of expense in contruction is not material. In the bank a/c where brother is the nominee he can claim the entire amount to the exclusion of everyone else.

 

@ Dr.Prasad : When the property is mutated in favour of mother - by concurrence of all legal heirs, she becomes the absolute owner, the will if now produced won't have an effect as it is clearly a made up document intended to deprive other legal heirs at the time of mutation there is a declaration that there is no will, now at the time of your wife's mother's death - the property becomes vested in equal parts in all branches of her children equally, that means everybody takes equally and within the branch equally as well. Even children of predeceased children also take. The fact that her brother incurred expense in constructing the said properties again is of no consequence. You can file a suit for partition right away, also get a stay on the property, so that he does not continue enjoy the rents of the property alone.

 

Good Luck !

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

I humbly beg to differ with the opinion given by learned Mr Bharat Chug and 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.

                Further as the deceased has not left any will, all the properties movable as well as immovable left by the deceased shall be divided among all the three legal heirs in equal shares.

Thanks a lot, Adv. Chugh and Cheema!  It is absolutely clear now.

In the matter of Gagandeep,

Assuming that you are a Hindu, the property, the bank account in which your younger brother is the nominee, and in all other accounts (where no nominee has been mentioned); your mother, yourself as well as your younger brother hold shares in equal proportion.  About the Bank Account, I agree with "Ajit Singh Cheema".  Your younger brother as a nominee is merely an agent to receive the money on behalf of all legal heirs. Your investment in the family property cannot be recovered despite you being the sole bread winner as of now.

In the matter of Dr.Rajendra Prasad,

The will is valid once your brother in law obtains Probate/Letter of Administration for the same.  But during such application, you may contest if you believe it is a fake.  If the will is proved fraudulent, then I agree that you'd have to pursue as advised by Adv.Bharat Chugh.  Otherwise, there is nothing you can do.

Dear Adv Yudhish,

You certainly seem to have a point which we can not overlook. What are the chances for the beneficiary of such a will to obtain probate given the fact that 

i) neither the person who made the will is alive nor the witnesses traceable or not living

ii) the ownership of the house was alreday in the name of the wife of the person who made that will, after him to which the beneficiary of the will made a declaration of no such 'will' existing

iii) the two sisters believe that even if the 'will' may not have been all to fake, it was made some 30 years ago when the financial status of the family was rather poor and the share of female children was not usually considered favourably and if the mother was to make a will in today's circumstances, she would have definitely distributed her assests equally

Pl let me have your considered view on the subject.

Rajendra

I support Mr. Anish Thakur version  but  as regards Bank Accounts, naminee may not get 100% share if other legal heirs approch the Bank  for their share.  Actually Bank  Account nominee is authorised to get  the account balance of deceased person.  But in practice it is invain.  Otherwise Nominee should get no-claim certificate from other legal heirs to get total balance in Bank Account..

Respected all, Thanks for you suggetion and guidance. Really appriciated. Now I have an idea about the property division and who ows what,but nw I want to know the legal process for diving it all or transferring all the property to my mother's name.

Thanks, Sir.Ajit Singh Cheema for the SC observations.