Sir, As per the Advice given by you people in my previous questions Some how I was able to find out My grand Father's Saving Account Number, Visited Bank and Found that Nominee of the account is my Father till April 4th 2012 and After my father's death that is after April 4th 2012 after few days My grand Father changed My Father's sisters name replacing My father's name and that was because They influenced Him and Did not allow us to meet Him. And After few Years My grand father Again Changed nominee to His Elder son's name that is My Father's elder Brother's name. I explained Bank manager and Asked him to Stop the payment of the Amount by Submitting letter and Death Certificate. Now Please help me on how to proceed on this. I will be really thankful to this website and you people. My uncle that is My Father's Elder brother did not draw the amount Yet. We don't know Why.
Your father should Apply for and obtain succession certificate from district court in respect of money lying in grand father saving account
2) issue notice to bank not to disburse funds lying in bank account
3) nominee is only trustee for legal heirs and not entitled absolutely to said money
That makes no difference even if he has not withdraw the amount. The nomination in the bank is ultimately in his name and the balance in the said account will be transferred to him on the submittion of the death certificate.
Please be aware that the movable property can be shared by legal hairs if there is no nomination.
Dear Sir, Nominee is just the trustee of the legal heirs the uncle has to submit noc from all legal heirs for getting that amount from bank or need a succession certificate for same. All legal heirs have equal claim on the property.
So your father can apply for succession certificate before the District court and by same the share of that amount can be claimed.
Sir, I already mentioned in the question that My father Died on April 4th 2012. How can My father apply. And My father's Sister and My Father's Elder Brother together trying to cheat us. I already asked the manager to hold the release of Amount to My father's Elder Brother. Now My Question What should I do to claim My share as Legal heir. My father was the Nominee till April 4th 2012 and After My Father's death My father's elder brother and My father's sister trying to cheat us. And At the time of My father's death My grand father is almost 85 years Old. My grand father called My mother and Me and Informed that we have our share. Later they Influenced Him and changed Nominee as well. Please help me with brief or accurate solution. Thank you all for your response.
Sorry sir misread the line, you along with your mother and your other siblings can file for succession certificate for share of your father as your grand father died intestate without any will. So you will have right on share of your father.
1) if your father predeceasedyour grand father then on grand father demise his one third share in bank account would devolve on your mother , you and your siblings
2) apply for succession certificate in name of all legal heirs
3) your uncle , aunt would have one third share each in money lying in bank accounts
Firslty, I know the pain that you are going through. So, God Bless You.
Secondly, till the time your grandfather is alive, you can’t do anything such.
Thirdly, if he dies then you may be able to put a question on your uncles name plus sister’s name as it was On your father’s name. But, for now you can’t do anything.
Nominee is only a custodian of the bank balance left by your grandfather and not the owner. He's not having ownership right over this Bank balance and this has to be shared by all the legal heirs, including you. Apply for a Succession Certificate and seek your share in this bank balance on it's strength.
If your grandfather had nominated his elder son as his nominee to the bank account, how can you stop that?
What Is your reason that you have given a stop payment instruction to the bank and in what capacity have you given such instruction?
You are not a legal heir to your deceased grandfather.
The bank is not obliged to listen to your instructions for whatever the reason you may cite and the bank manager cannot stop payment until he is restricted by a court order on this.
This is your grandfather's property.
As his surviving legal heirs and successors in interest your paternal uncle and paternal aunt are entitled to a share in the said movable property left behind by your deceased grandfather,.
After death your father cannot become a nominee, his nomination stand cancelled automatically.
How do you claim yourself as a legal heir to your grandfather.
You are a legal heir to your deceased father only.
If you think that you can claim a share in your father's share in that money held in bank, then you may have to obtain succession certificate through a court of law.
T Kalaiselvan Sir, My grand father died on 5th March 2018. And When My Father died on April 4th 2012. My grand father told we have a share in his money. As per bank records, Nominee was My Father till April 2012, After Father's Death My Grand father replaced Nominee name from Father's name to My Father Sister's name and Later in 2014 He replaced Nominee name from My Father's Sister's name to My father's Elder brother name. So Will Get share in that Money now as a grand son. And You said I will get Share of what belongs to My father. But nominee is not my Father Now. In this case even if Nominee is not My father. Do My Father have share in the amount and Can I claim that share. Please explain.
Yes according to the law the nominee shall distribute share to legal heirs of father or legal heir can claim it , so your father is legal heir in his absence his legal heir shall get share I.e predeceased son's son and daughter and widow has right over his share.
You will get share as legal heir of decased son not as a grand son , grand son doesn't have right in grand father property directly but in case of demise of father grandson along with other legal heirs of father can claim share to extent of their father.
So as legal heir along with mother and siblings you have right over your father's share in grandfather's property. So you will have claim over the amount also.
You and your siblings can claim father share on demise of grand father
As mentioned earlier nominee is only trustee for legal heirs and not a absolute owner of property
Hi
1. the bank will go as per the last nomination left by your late grandfather for his savings account maintained with the bank
2. as per law the bank will be mandated to release the amount lying to the credit of your late grandfather's savings account, to the nominee named by your late grandfather
3. no succession certificate is required to release the amount in favour of the nominee
4. please bear in mind that just because your late grandfather has named your uncle as a nominee for the savings account, your uncle does not automatically become entitled to the amount lying in the savings account to the exclusion of other legal heirs of your late grandfather
5. the nominee i.e your uncle is only a trustee for all the legal heirs. he is required by law to distribute the amount lying in the savings account to all the legal heirs of your late grandfather as per their respective shares as per law
6. so even if the bank released the amount to your uncle, your father's share in the same will still stand. your uncle is only entitled to his share in that amount and NOT to the entire amount
7. so you will have to approach your uncle to give your dad's share to his legal heirs i.e your mom and you
8. if he does not then you can issue him a legal notice
9. you cannot ask the bank to withhold the release of the amount to your uncle. as per law the bank will release the amount to the nominee ie you uncle and take a valid discharge. you cannot do anything against the bank in that regard because the bank is acting as per law
10. you obviously can take legal action against your uncle if he refuses to give your late father's share in the amount to you and your mom
Yes, you have a share and your share remains undisturbed despite the fact that your father was not a nominee in this account.
Dear Cleint,
After death of Grand father, his properties will inherit in his children by equal share and your father share in his children and wife,
File succession suit and get stay.
Nominee has no right in the property except to receipt in his hand on behalf of legal heirs than will dispense according to succession act.
Nomination Cannot Override Law Of Succession Holds Bombay HC [Read Judgment]...
Read more at: http://www.livelaw.in/nomination-cannot-override-law-succession-holds-bombay-hc/
Your father no doubt is not more now and there is no question of nominee against his name.
As per the rule of nomination in bank and insurance companies, the nominee is just a trust to receive the monies on behalf of the legal heirs or successors in interest for the movable assets left behind by the deceased and distribute/disburse them to the legal heirs equally as per the personal law of the parties.
That way. you can claim the sahr of your deceased father which he is entitled as a legal heir to his deceased father.
You file a succession certificate case and seek for interim injunction restraining bank from settling the claim amount toi the nominee till the disposal of the case for succession certificate.
Then on the basis of succession certificate you can claim a legitimate share in the movable assets of the deceased.
Nominee is trustee only. The property belongs to legal heirs. You can go to court for injunction for the said bank account. You can agree to a partition arrangements by Registered partition suit. If not then Judicial partition is only remedy.
Dear Sir,
The law says that nominee is a trustee who receives the amount which shall be distributed among legal heirs of the deceased as per law of inheritance. It is better to file a civil suit and get the amount divided among all the legal heirs of the deceased. It is as follows:
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What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
