Hello, I have the following issue: 1. Two land properties registered in the name of my deceased mother to which I am not aware of the exact location of the property which are located in Maharashtra. I assume that my elder brother maybe the nominee to these properties or joint owner but he has refused to declare these details to myself in his self interest. 2. Deposits in post, banks to which my brother is the nominee and wish to know if I can claim any legal hier rights to these in light of the fact that I am not named nominee to any of these instruments / deposits. 3. Flat jointly owned by my elder brother and mother to which they have jointly paid the pruchase amounts so can i claim fair legal right to the proportion of the amount paid for the said flat ? Note I am not aware of the flat details too. I have my mothers PAN number, bank account and post deposit details with me. Is there a way to trace all the property holdings of my mother and seek legal recourse to claim my fair share to these as being the legal hier to the same. We are two brother with no other relation existing, as our father is expired too earlier. I am the younger son. Thanks, Tushar
Nominee is only trustee for legal heirs
2) on mother demise you ha e equal share in land , flat , fixed deposit standing in mother name
3) take search in sub registrar office and obtain certified copy of sale deed by which land and flat were purchased
4) file suit for partition for division of property by metes and bounds
5) seek injunction restraining brother from selling the said property
Hi,
The properties owned by your mother is equally decided in between you and your brother in case of absence of any will for the self acquired properties. The ancestral properties if any gone in mother's share should compulsorily be pass on to both of you.
The bank accounts where your brother is nominee have rights to withdraw the amount available after the production of the death certificate.
If you have any idea you may check the property details on the web site of bhulekh for more information and print a copy of detail.
Land records are updated on the death of owner to the legal hairs if there is no representation.
1. If you and your brother are the only Legal heirs, you both are to jointly succeed the assets left behind by your mother, incase she had died intestate.
2. Nominee is not the exclusive beneficiary. He's just a trustee or the caretaker who's to ensure that the money left behind by the deceased, passes on to the Legal Heirs.
3. You're entitled to 1/2 share in your mother's share which she jointly owns with your brother.
Dear Client,
Being a nominee,d o not give right in the assets. Role of nominee is limited to receive the asset in hand on behalf of legal heir. and distribution will be done acc. to succession act.
U r equal share holder in ur mother`s property only along with ur brother and if u have no knowledge about the properties, check her I T returns, that may be helpful,
File claim in the court mentioning details of mother assets as much u have, n request court to order ur borther to submit details of mother asset.
Do note that nomination does not relinquish the alw of succession.
So on death of your mother all her legal heirs become entitled to for equal shares .
However if your brother's name is reflected in any of the sale deed then straightway ebecomes its half share holder in additon to his due share from remainign half.
The nomination in bank does not make any difference as in the investments you have equal rights with your brother.
If you are not given your due share you can file a partition suit to claim your share.
Hello sir , you are a legal heir to the properties of your mother and to her share .. To claim your share it is advisable to file a civil suit of declaration in court
1. For claiming share of your parental properties, you shall have to identify the locations and details of the said properties.
2. You can engage a local detective agency to identify the said properties of your parents.
3. After getting to know the details of the said properties of your demised parents, arrange to get the certified copies of the title deeds (for immovable properties only).
4. From the said title deeds of properties you shall understand the present status of the title and claim share in all the said properties of your late parents.
5. For the Bank and Post office deposits, file a partition suiot claiming share of the same since nominees are not owners of the amount but its custodian whereas the Successors are the actual legal heirs.
6. You shall have to apply for the Succession Certificate for claiming your share of your father's miveable properties like Bank deposits.
For filing any kind of suit or claiming any property you got to have some details about the same.
Hire a detective to get you the details and after obtaining the same file a suit for partition.
Filing a suit otherwise will be a fatal exercise with no end result.
Regards
If your mother is reported to have died intestate, then her share in the properties even though jointly owned, shall devolve further on her legal heirs namely his children and husband.
Similarly for the bank deposits and other amounts from various financial institutions due to her, shall be settled to the nominee, however the nominee has to disburse the same to the legal heirs equally since he is just a trust to receive such monies
You can ascertain the details of all the properties and the monies that are lying on her name, and send a legal notice demanding partition and equal share out of your mother's share in the properties and deposits from your mother and after that plan for legal process by filing a suit in the civil court.
