My mother in law had a 50% share in her husband's house. After my Father in law's death, she took a NOC from her 3 children (1 son & 2 daughters) and transferred the balance 50% (husband's share) to her name. This happened through a lawyer and court orders. The children had no issue with that. Later she sold her flat & has received the agreed amount from the buyer & has the money safe in the bank in various FDs & bank accounts. What I see as the problems are: - Her youngest son who is married left home with his wife due to personal reasons & differences, he is not traceable from the last many years. - She hasn't prepared a will & not agreeing to have one - She is unwell & also is worrying about her health & also money that she has - As her son isn't traceable, she has added her 2 daughters as nominees in her bank account & FDs My questions are: - In absence of a will, what will happen to her money after her death? - Can the daughters mutually agree to distribute the money among themselves - If the 2 daughters decide to give all the money to the elder daughter, will it still have some legal procedure, considering the absence of the son? The elder daughter is the nominee for most of the FDs
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1. After her demise of your mother in law intestate that is without will her all children shall equal share in the property and amount in bank and FD.
2. No son has share and he can claim same.
3. See the other sister van give NOC for her share to helder share.but for sons share order of.court is requiered .
Hello,
1) In the absence of a Will after the death all the children will have equal rights even though the son is untraceable.
2) The sisters can take decisions about only what belong to them which is1/3rd portion each of the entire amount.
3) It would be advisable to keep the 1/3rd due to the missing brother in an FD jointly operated/ owned by both the sisters until his or his heirs whereabouts are known.
It will be divided in all her legal heirs as per law of succession. Yes they need to execute relinquishment deed relinquishing their right in the said property in the favour of the elder sister.
Hi,
Nominee is only caretaker of the property (movable/immovable). In absence of a will, you have to obtain "Heirship Certificate" from the district court of the area where the property is situated, in the name of all the legal heirs. After obtaining the certificate, all the legal heirs can distribute the property equally among themselves. If any legal heir wants to relinquish his/her share in favour of other/others, he/she can do so by making a "Relinquishment Deed". Regarding the missing son, you must have filed a "missing person" report with the local police, attach a copy of it with the Petition in the court along with other documents. Take help from a local lawyer.
On her demise her son and 2 daughters would have equal share in her money lying in bank and other assets
2)if daughters divide the funds among themselves son can always claim share
3) nominee is only trustee for legal heirs
Incase if your mother in law died property will be divided equally in Legal heir class1. i.e Son/Daughters.
If your mother in law execute a will in favor of daughters then both daughters can claim share equally and probate a will after her death.
Dear Sir,
If a female Hindu’s property who dies intestate will devolve as per the rules set out in Section 16 where firstly it will go the sons and daughter it also includes the children of any predeceased son or daughter and the husband. Here even though mother died without executing any Will the property shall devolve to the daughter/son. Supreme Court had in one of its decision, set at rest the long drawn controversy related to inheritance of property which belonged to a Hindu married woman who died intestate held that her husband’s side cannot claim it if she had got the property from her mother’s side. Supreme Court relied upon Section 15 of the Hindu Succession Act 1956 and thus decided the matter. The court said Section 16 of the Act “evolves a new and uniform order of succession of property (by a female Hindu) and regulates the manner of its distribution”
1. On her death her property is liable for equal division among her 3 children including her son who has gone missing.
2. Yes her legal heirs can mutually agree to partition the property but only after the death of their mother.
3. Nominee is only the trustee and she is not the sole owner of the money. She is liable for division of the money received by as nominee among other legal heirs.
4. Their brother can not be left out and after 7 years he can be declared as civilly dead in which event his legal heirs can be added.
1) Nominee is not entitled to take share of other legal heirs. She is only take custody of that FD's from bank.
2) Her mother should create WILL and registered it for all FD's should be given to elder daughter.
The mother in law has all the money in her name and after her the money shall be distributed as per the law of succession. All the 3 children would get equal share in the property. If the other son is not traceable but is still alive then he can demand his share whenever he returns. In case they decide to divide the property amongst themselves they can do so but the law says that if a person is not traceable for last 7 years he can be declared as dead as far as property matters are concerned.
Regards
Since she has nominated her daughters to receive money after her lifetime, the claim amount shall be acquired by her daughters.
The nominees can receive money.
However they will have to distribute the same equally to all the legal heirs otherwise the left out heir may claim his share at a later stage also.
