• After my death, who will have right over my bank balance and properties that I have earned

I am having 1 daughter (minor) , wife, mother and father. Father is retired and is on pension, mother is housewife. Wife is housewife. With my income I have 1 apartment jointly owned with my wife. I have money in my bank accounts. In ancestral property we have 1 house . I am Hindu. After my death if I didn't prepare will how will this property be destributed.
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

On your demise intestate your 50 per cent share in apartment , money in bank accounts would devolve on your mother , your wife , minor daughter 

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

1. In the case of intestate ( without executing a WILL ) death of a Hindu male person, his self acquired property would devolve equally to his mother ( if alive ), wife and children.

2. In case of your joint ownership of an apartment with your wife, it depends on the narration in the sale deed. Suppose, there's  joint tenancy mentioned in the sale deed, then if one of the joint owners dies, the other joint owner gets full ownership of the property. In case of Tenancy in common, if one of the joint owners dies, his entitled share in the property devolves equally to his legal heirs.

3. In case of ancestral property, your entitled share devolves to your daughter, in case of your intestate death.

Shashidhar S. Sastry
Advocate, Bangalore
5115 Answers
314 Consultations

5.0 on 5.0

Dear Sir,

1) In respect of the 50 Share of the apartment, it will equally be divided between you wife, daughter and mother

2) Money in you bank account will be equally be divided between you wife, daughter and mother

3) The part of ancestral property you are entitled to, will be given to your minor daughter.

Thank you

Anik Miu
Advocate, Bangalore
8869 Answers
110 Consultations

4.7 on 5.0

Under Section 8 of Hindu Succession Act, 1956 read with Schedule after you, your daughter, wife and mother with have right to share your property. In the presence of daughter, wife and mother father will not get any share in your self act property, as father is Class II heir in the Schedule. However, he will have equal share with your wife the ancestral property and daughter will have share through mother.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

In the event of an unfortunate death, all the assets lying on your name or left behind by you shall devolve equally on your own legal heirs consisting your wife, children and your mother.

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

The property will be distributed amongst your legal heirs, ie your wife and children. Ancestral property your parents and your siblings will also have a share.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Taking into consideration the above said facts provided by you. 

 

As far as your bank account is concerned. You can designate a nominee with the bank who can have the access to your bank account after you. 

As far as your joint property is concerned you wise being co-owner she can have right over the said property. 

As far as ancestral property is concerned the property depends to be distributed as per the number of siblings in the family. 

Hope this helps. 

Best Regards. 

Harshad Rathod
Advocate, Pune
6 Answers

Not rated

If you don't have will all of the above will be your legal heirs as per the applicable proportion of hindu law if you re hindu else other law as per your custom. If will as per the will strictly. the said rule will only apply to your self earned property and not ancestral property

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

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