• Division of property

My mother has expired. Me (elder) and my sister are the legal heirs. We dont have brothers. Mother  has left some gold, silver ornaments and bank accounts. For the bank accounts, she has made my sister the nominee. Now my sister is insisting that as she is the nominee she has ownership on all the mother's bank accounts-SB, FD, RD etc., Please guide me how can I go ahead with claiming the money kept in the banks? How can I ensure that all the bank account documents are shared with me.  My sister is putting forth an argument that as my mom stayed at her house (we dont have brothers), she is the sole owner of moms assets. How can I lawfully claim half of all my mom's assets.Thanks in advance.
Asked 2 years ago in Civil Law from Bangalore, Karnataka
nominee is only a trustee of legal heirs . she cannot claim ownership rights . obtain succession certificate from court . if your sister refuses to give you your share file suit for partition .
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
Hi, even though your sister has become the nominee in your mother  bank account, the  bank insist for succession certificate then only amount will paid both of you, because of she is nominee she will not entitle to  get entire amount..... you have to approach court for succession certificate, if you have no objection to the amount then only your sister will get entire amount.........and as per other assets concerned  from your narration it not clear whether it is a movable or immovable........ if she has immovable property then you have to file suit for partition yow will be entitled for half share.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Pls under stand that nominee does not mean the owner,nominee is a person who just facilitates in realization of the amount ,gold or any other things kept  in the bank in the name of the account holder.Once the amount or Fds or gold what ever it may be is realized it has to distributed among the legal heirs equally if there is no will and in case a 
will is there ,it has to be probate through the court of jurisdiction and after its probate shares are distributed as per the will.you do not have to worry.you have right to 50% of the property since you are two sisters.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Your sister cannot claim ownership rights over the movable as well as immovable property of your mother unless a will was made in her favour. As a legal heir you have an equal share in her movable property, which can be culled out through the process of court if she refuses to give to you your lawful share therein.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Nomination is not a will.  If your mother died intestate, you have 1/2 share in all moveable as well as immoveable assets of your late mother.  If your sister is not willing to give you your share, you have to obtain succession certificate from Court file suit for partition of immovable property,
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0

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