• Who has property rights

My mother has 4 siblings out of which 3 have expired, one of her brother is not married and docent have any kids, from last 14 yr he was staying along with my Mom's 2nd sister 2nd son, since he was staying with him he has nominated him and his daughter as nominee for his FD's, he also has 4 property in bangalore in his name and he has not willed any one to his property.
initially we had discussed that we will share the amount equally, however after receiving the FD amount he has changed and not ready to part the money with others, as I understand from his brothers that he has met one of the lawyer with regards to this case who is rtd Judge, and he has promised that amount and property wood come to you if gone legally. 
I would like to know who has the property and FD rights, if we go legally can we get this property and fd amount.
what case should we need to file against him, and what are the ways we can get the property in our name.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Nominee is only trustee of legal heirs 

 

2) on demise of brother his property would devolve on your mother 

 

3) apply for and obtain letter of administration from district court 

 

4) if there is no contest you would get LA in 6 months 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

You can file a partition suit in the same being a legal heir with list of property and Fd.  You will get your share

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

a nominee is a trustee and not the owner of the assets. In other words, he is only a caretaker of your assets. The nominee will only hold your asset as a trustee and will be legally bound to transfer it to the legal heirs. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. It's not clear in the question as to, whether that unmarried brother is alive or dead.

2.  Assuming that your mother's unmarried brother had died intestate, then the proceeds in his FD account will go to the nominees mentioned in the application form submitted by the deceased at the time of opening the FD account.

3.  Regarding 4 properties in Bangalore which he was holding till his intestate death, it  will devolve equally to his siblings (assuming that his parents' have predeceased him).As per your narration, apart from this unmarried brother, 3 siblings have also expired. Each one of them is entitled to 1/4th share. In case of deceased sibling/s, the 1/4th share will be further subdivided equally to their children.

4. Any rightful owner/s can file a case in the jurisdictional Civil Court for partition, declaration and separate possession of the property by metes and bounds. Before filing a case, it's better to send a legal notice to the concerned through a Lawyer for rightful claim of the share in the property.

 

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

See property and FD shall be divided equally between the legal heirs of the brother as nominee is just trustee on part of the legal heirs. File a suit for partition and share of the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

 in case of immovable properties nomination prevails and the person has the nomination maybe withdraw the amount from the bank however in case of non movable properties the legal heirship will be decided based on the class of legal heirship and succession certificate can be issued by the district magistrate in this regard to claim the property rights.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

His Rest three sibling will inherit full amount equally by 1/3rd each. If any sibling is dead, his/her share in rest siblings,

NO inheritance right of any nephew/niece.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Whose property it is , ether it was your deceased brother's property ?

Who has taken away his property, his sister's son?

Since the sister son has been nominated to the account he might have taken the money and refusing  to share it others.

 

If your mother alone is surviving legal heir to her deceased brother, she becomes the class II legal heir to her deceased unmarried brother and she is entitled to the proprieties left behind by her deceased brother in the absence of any other sibling or any class I legal heir.

If the above is confirmed then she can claim the properties including the movable assets.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes if you go through a legal way partition every sibling of deceased brother who have no class 1 heir then property and investments by him will be distributed among class 2 heirs equally and here class 2 heirs are siblings of your uncle or their legal heirs. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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