• Legal heir

Hi
My name is rudresh g c. My younger sister died recently. She had deposited 50lac in capital gain account which she got via her share from selling her mothers property. She has got two minor children.one son 14yrs and one daughter 9 yrs. She was not living with her husband. Her son is with her mother that is grand mother and daughter is with her husband. They have not divorced. Now her mother wants to make a non breakable fixed deposit to her grandson and grand daughter so that they get that amount when they attain 25 years and can take independent financial decision. How to do this process . They dont trust their son in law. Do we need take her husband NOC?
Asked 7 years ago in Property Law
Religion: Hindu

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14 Answers

better option is for mother to execute will bequeathing her property to grand son and grand daughter 

 

2) dont need son in law NOC 

 

3) if FD is made in name of minor grand son and grand daughter you can have clause of auto renewal . generally FD are for maximum period of 10  years or so 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) Yes, you will be needed NOC from Son-in-law i.e. husband of deceased.

 

2) Without his NOC you can't make non-breakable fixed deposit

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Husband was not divorced

So he is widower of your sister and her legal heir

The property of Hindu female on death goes to her parents, husband and children

So husband also has 1/4th share in the amount lying to credit of capital gain account

So the FD can be made only by the grandmother of her 1/4th share

The share of the children can be dealt with by their father who is the natural guardian 

However the father cannot use the share of the children for his own use but only for the benefit of the children 

Also for release of the amount from the capital gain account, succession certificate has to be obtained from court 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Querist

as per section 15 of Hindu Succession Act-1956, he husband will also be a shareholder in this matter.

 

read the section as below:-

 

15. General rules of succession in the case of female Hindus

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16 :

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

 

 

as per clause (a) her sons & daughters and the Husband will be the legal heirs, hence his share can not be concealed.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear Client,

When property was sold, was it in the name of sister or your mother ?

Otherwise, mother and children along with husband will inherit 1/4th share each and father being natural guardian of children, their inherited income can be utilize by him only. Grand mother can make a fix deposit but it can be challenged by her husband. 

Grand mother can utilize her 1/4th for any purpose.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi

No NOC is required from the husband of deceased.

If your mother have rights about the money she can make the fixed deposit.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

hello,

NoC from the husband is not required.

Grand mother is making the deposit and making grand children the nominee and as such NOC from the father is not required. 

An order from the court will be required that mother will be the guardian till they attain the age of majority.

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. AFTER death of Sister, her Husband is the natural and permanent Legal Guardian of the Minor Childrens and also sole claimant of the Sister's money & other properties. This cannot be changed, atleast legally.

2. Sisters mother shall have no right to dictate terms or conditions to the Sisters Husband, relating to the Minor Childrens and also of the Sister's money & other properties.

3. Long Term investments can be made in name of Childrens (with the Father as the legal guardian), for 10 or 20 or 25 years. The investments cannot be withdrawn by Father without the permission of the court.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

See if there is no divorce then NOC of husband is required and further husband is only major heir of sister then he can only withdraw the amount and deposit. Alternatively grandmother has to take order of court for herself to be appointed as legal guardian and then succession certificate to withdraw and deposit the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Section 15 of the Hindu Succession Act which states that in cases where a female dies intestate then the property she had inherited from her father or mother does not devolve upon the husband or his issues but upon the heirs of the deceased’s father. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. NOC from father of child is not required to make a FD in favour of child. Your mother can make it.

2. Do make a nomination.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Not required if the money is of the said deceased intestate mother who inherited the same from her family can't go to the husband or his children. The grandmother can for welfare of the children can invest the same if she wants as she is the legal heir being the deceased lady's mother. The said property will devolve to the legal heirs of her father. Section 15 and 16 of Hindu Succession Act is very clear about the same.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Her husband is also a legal heir to succeed to her estate including the money held in the bank.

Hence it is always better to involve him also  because he is the natural guardian hence he only can be appointed as guardian to the minor children' funds.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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