• Rights of nomini

I am the nominee to my younger brothers bank accounts,he died recently,he is a divorce,he got one daughter she is not with him,she is married and in connection with her mother bat not with her father.
She wants the mony in banks by force and threatening and no respect to me.i want to with old the mony for a period.how long can i with hold the mony a safer period please clarify. my problem is her lawyer threatens me that he will cease my house property please explain.
Asked 4 years ago in Property Law
Religion: Christian

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21 Answers

1. IF Brother's Wife was divorced by Brother and IF she is remarried, THEN she or her daughter is legally NOT entitled to any movable or immovable properties of your deceased brother and neither your personal property can be attached or put into legal litigation.

2. You are as legal heir are entitled to claim 100% property of deceased brother and there is no criminal or civil prosecution that is possible on you for such things.

3. Apprehensively the divorced woman is trying to intimidate and extort her divorced husband's property by threatening & intimidating you.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Nominee is just a trustee of legal heirs.

2. The nominee is entitled to realise the liquid assets, but is under a duty to divide them between the heirs of deceased.

3. Your property cannot be attached unless there is a money decree passed against you and it is not executed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Nominee is only trustee for legal heirs 

 

2) on her father demise she would be his only legal heir 

 

3) you have no share in money lying in bank 

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

It is civil dispute 

 

she can file suit to claim money lying in her deceased father bank account 

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

You are mere trustee of the money whereas his daughter is its actual owner by law of inheritance. 

So on proof of her legal heirship you can certainly get the money with or without court order. 

Till then the money will remain with the Bank. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

You cannot hold his property without any will. Mere nomination don't make you entitled to enjoy his money.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Yes,Definitely you have every right to get legal advice for the compliance of legal formalities. 

You are nominee of your younger brother who is deceased father has one daughter demanding money which is lying in the Bank.

You are advised to file partition suit before civil court for the Division of moveable and immovable properties as per Indian Succession Act 1926.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Your actions are noble and you have to take steps carefully for the distribution of your Brother's property amicably with legitimacy amongst the legal heirs of your deceased brother. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

The money belongs to the person who is tge nominee. She doesn't have any rights. Let her lawyer say anything.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The money belongs to you. You should keep it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

File a succession Certificate case.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You will be a trusty but the share of his property band bank account will depend on his will if executed or as per succession laws

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

Dear Sir,

You are suggested to serve back a legal notice to the lawyer and the daughter as she has no right on that and also file the police complaint against both of them. Also file the case of injunction for direction to them for no harassment. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

As the nominee, you hold your deceased brother's bank deposits as a trustee for his legal heirs, and you are not the beneficiary. As such, you cannot legally withhold the bank deposits indefinitely. Your brother's daughter, as his sole legal heir in this case, is legally entitled to claim the monies from you.

Swaminathan Neelakantan
Advocate, Coimbatore
2807 Answers
20 Consultations

4.9 on 5.0

- As per rule , after the death of account holder , the amount can be released to the nominee. 

- However, as per law, a nominee is a trustee, not the owner of the assets i.e. a nominee is only a caretaker of the assets.

- Further, the nominee can only hold money/asset as a trustee and will be legally bound to transfer it to the legal heirs.

- Hence, legally a wife being the legal heir can claim the fund from the nominee. 

- As she is a divorcee , and then she cannot be termed as widow of your brother , hence legally she cannot claim any right over the fund received by you from the bank as a nominee . 

- No lawyer is having right to threaten others without any sufficient reasons , you can lodge a complaint against that lady to incite the lawyer. 

- As per Bombay High court , A man is husband of a woman only as long as there is no snapping of matrimonial relations by a divorce or dissolution of marriage , and she cannot claim compensation of her ex-husbands accidental amount. 

- Finally. she cannot claim the amount from you. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

as a nominee you can only holds a property in trust for the entire legal heir. Nominee doesn’t become the owner. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

your brother's daughter can file civil case to claim money. she cannot file criminal case against you. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You are only a nominee to bank account of the deceased brother. 

Since his wife has been divorced,  his daughter as a legal heir to your father shall be entitled to her father's monies. 

You cannot deny that 

So don't take any any risk. 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

It would be criminal offence to deny giving her money.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

You cannot hold the money because it belongs to daughter of your brother as she is legal heir of him. 

You are under obligation to give money to legal heirs after claiming it from bank.

It will be a criminal offence if you refuse to give money but you can defend yourself by saying that she need to prove her rights after which you are ready to give her money so she should file Case for claiming the money. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Her lawyer is boasting. He cannot do anything. And if you were appointed as beneficiary nominee than you only will receive full amount.

NO criminal act committed by you. If oy mother alive than she will inherit his half property/money.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

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