• Class one heir claim in case nominee received 70% of deceased

Succession certificate filed by widow n mother has already received 70% of deceased amount. No issues out of wedlock. At the last stage of his illness wife left him.Because of disputes between husband n wife, husband had put mother's name as a nominee in LIC n in company where he was working. As per LIC n company's rules amount already credited in mother's account n after some days wife is claiming that amount in sucssession certificate also. Mother had taken care of son at the time of his last stage. Mother is staying in rental house n other side wife is working in big company n having her own house. How the distribution of amount of deceased will take place? Inspite of mother's poor financial, wether she has to return 50% of the amount received as a nominee. My confusion is with regard to whatever amount already received by mother as she had paid EMI also for the flat booked by son.
Asked 7 years ago in Civil Law

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6 Answers

1) nominee is only trustee for legal heirs

2) both wife and mother as legal heirs have equal share in assets of the deceased

3) the fact that wife is working in big company and has her own house is immaterial

4) mother can claim share in the house if she has paid EMI for the flat

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

The parties are Hindu or other?

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

If Hindu, then as per section 10 of Hindu Succession Act.

10Distribution of property among heirs in class I of the Schedule.—The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:— Rule 1.— The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.— The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.— The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4.— The distribution of the share referred to in Rule 3—

(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters gets equal portions; and the branch of his predeceased sons gets the same portion;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

As per above section both widow and mother shall get equal share and equal liabilities.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

mother should in form of affidavit disclose money received by her on son demise .

succession certifcate would be issued in name of both legal heirs ire widow and mother

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

The mother may be having plenty of reasons to justify the expenses out of the insurance claim amount or any other amount received as terminal benefits of her deceased son, but as per law, the widow is also one of the class I legal heirs and her marriage subsisted till the time of his death, hence a widow and one of the legal heirs of the deceased she has an equal share in all the properties left behind by the deceased.

The nominee for insurance claim amount shall receive the amount on behalf of the legal heirs as a trust an then disburse the same equally among all the legal heirs of the deceased, hence she cannot claim the entire amount for herself just because she was a nominee.

As far as the EMI for his property under loan, this property also to be divided and distributed among the legal heirs equally.

She canot claim absolute ownership of this property ignoring the widow of the deceased.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

For the procedure of the court, In reply to the succession certificate filed by the widow, mother of the deceased in the form of affidavit, have to disclose each n every amount received due to death of her son. What mother have to file? Only affidavit disclosing the fact or should file objection application. What are the procedure after filing sucssession certificate.

In the succession certificate case, the mother can express her side grievances and may record her objection to her claim for succession of movable properties.

Let she put forth her valid reasons for objecting this claim which are to be genuine and convincing the court.

Legally she cannot deny the widow her due share, the court may pass a judgment for an equal share if there is no compromise arrived between both till the end.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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