• Claim of bank account and property after death

Hello,

My grandfather passed away due to covid. In his bank, his nominee was my uncle who was the younger brother of my father and he also passed away due to covid. 

Also, My uncle's wife had some blank cheque signed by my grandfather and she went to the bank with her son (17 years) and daughter( 23 years and unmarried) on the same day of my grandfather's death to claim the money but the bank manager got suspicious and he asked my aunt that he wants to talk to my grandfather but as he is not alive they left the bank and came home. 

1. Now, who can claim the bank account money of my grandfather as my grandmother passed away years ago and my father is the only son (age 65 years) and there is an elder sister (around 70 years) who is married for almost 45 years now? 

2. Also, my grandfather gifted some property against the will of my father to my uncle, as both of them are no more how can we claim the right of what belongs to my father? Can we challenge the gifted property?

3. How to take claim of the property where my father is living presently but is in the name of my grandfather?
Asked 11 days ago in Property Law
Religion: Sikh

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13 Answers

A succession certificate has to be obtained from the district court and on that basis the money can be withdrawn from the bank. The succession certificate will be made in the name of the current legal heirs as per the Hindu succession act. The succession certificate will be issued in the district where the bank branch was situated.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

1) On grand father demise your father , his sister, uncle wife and her son  would be legal heirs 

 

2) uncle share would be inherited by his wife and son 

 

3) once property is gifted uncle would be absolute owner of property .

 

4) apply for mutation of property in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Hello,

  1. If your grandfather died intestate, (without a Will), then your father and your uncle's children will inherit the assets both movable and immovable.
  2. If the property gifted were self acquired properties of your grandfather, there can be no challenge as your father's consent was not required and while alive he had all rights  to do so. However, if the property in question was ancestral properties, it ca
  3. Your father can move an application in the concerned Tahsildar Office for mutation, if the property is  landed. He will also have to get an heirship certificate from the tahsildar. Please know that your father cannot bypass rights that accrue to the children of your deceased uncle.
  4. Get assistance of a local lawyer with legal steps including newspaper publication.

S J Mathew
Advocate, Mumbai
3246 Answers
139 Consultations

5.0 on 5.0

1. Nominee is only a custodian and and in view of nominee's death, to equally distribute the proceeds to all the legal heirs, if there has been intestate death of the bank account holder. However, if the account holder had specified through WILL, then it will go to the beneficiaries as stated in his WILL.

2.  In the instant case, as per your narration, your grandfather,  grandmother and your uncle ( father's brother ) have died intestate ( without executing a WILL ), then the entitlement to the share of all movable (proceeds in bank account, car, jewelry, etc.,) and immovable properties gets divided into their children, viz., Sister and 2 brothers (Your father and uncle, who is no more), i.e., 1/3rd share each. In view of your uncle's intestate death, his 1/3rd share will be further subdivided equally to his wife, daughter and son. Now the sister, your father, your uncle's wife and 2 children can claim the proceeds in your grandfather's bank account.

3.  The property gifted by your grandfather to your uncle has been done during the lifetime of your grandfather and your uncle and the gifted property naturally being the self acquired property of your grandfather. However nothing prevents you from disputing/challenging the Gift Deed.

4.  Since the property which your father is living in belonging to your deceased grandfather, and your father's sister, your father, your uncle's wife, her daughter and son are entitled to share in the property. However to stake a claim in this property, your father's sister, your uncle's wife and her 2 children have to execute a registered Release/Relinquishment Deed relinquishing their individual entitled share in your father's favour in the jurisdictional Sub Registrar's Office. If it's done, then your father can stake a claim in the house in which he is presently living.

 

 

Shashidhar S. Sastry
Advocate, Bangalore
3520 Answers
204 Consultations

5.0 on 5.0

1. The legal heirs of your deceased grandfather i.e., your father, his siblings including the legal heirs of his deceased brother can claim the amount left behind by the deceased.

2. If your grandfather had transferred his property  to your uncle by executing a registered gift deed, then your father cannot claim any right over that property.

 3. Your father is one among the legal heirs to that property, hence he would be entitled to his legitimate share in that house property and not the entire property.

He can file a suit for partition and claim his share in the property. 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

  1. Aunt, father and legal heirs of uncle will claim the deposits from bank. You need to obtain succession certificate in the name of all three from district Court. If aunt and legal heirs of uncle furnish NOC in favor father he can withdraw the deposits.
  2. If the property gifted by grandfather is ancestral property you can claim the same but if the property is acquired by grandfather you cannot challenge the gift.
  3. You have to file a suit for partition and separate possession of joint property. The property will be divided by the Court in equal share to all legal heirs. Which  is goes to which  legal heir is the discretion of Court. There is elaborate procedure  for division of property in a suit for partition .  

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

(1) As per the Hindu Succession Act, 1956, all the surviving legal heirs (class I heirs, which means your father, father's elder sister and deceased uncle) are equally eligible to claim the bank account money of the person who died intestate (without will). The Hindu Succession Act is applicable to Sikhs as well.  If your uncle had died intestate, his legal heirs are eligible for his portion of money in the bank.

(2) If your grandfather were the sole and absolute owner of the property in question, that means the property was not inherited one, under Hindu law,  it was perfectly legal for him to gift it to anyone, including your uncle.

(3) If your grandfather died intestate, your father, the elder sister of your father and the deceased uncle (as co-owners) are equally eligible for the property where your father is at present living. In order to make it legal, your father's elder sister and the legal heirs of your deceased uncle have to execute  relinquishment deeds in your father's favour so that he can get the land registered in his name and mutated (transfer title of ownership) by the revenue authorities.

 

Muraleedharan R
Advocate, Trivandrum
22 Answers

5.0 on 5.0

Dear Sir,

 Everything will be settled if you get family tree.

Kishan Dutt Kalaskar
Advocate, Bangalore
5789 Answers
283 Consultations

4.8 on 5.0

yes you can challenge the gift deed as well as file partition suit in civil court

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

1. As per law, after the death of your grandfather , his account can be claimed by his legal heirs , and hence a Legal heir certificate is needed to take the fund of the account , in the event of nominee death .

2. If the said property was self acquired property of your grandfather , then he was having his right to gift the property to your uncle , and none having right to claim. 

- Further, if the said gift deed is registered , then you cannot challenge the same. 

3. After the death of your grandfather , his property would be devolved upon his legal heirs equally, and hence your father is also equal claimant of the property. 

- Further, after the death of your father , you can claim his share in the property .

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

Dear sir/maa,

since both the holder and nominee are no more, the successors of the family can claim the amount from the bank.

 you are required to get a succession certificate from the dist court. later you can write an application to the bank stating that due to the demise of the owner and the nominee, the concerned person wants the amount to be transferred to their bank. in case, the bank disagrees, we can send them a legal notice and later, contest the proceedings against them.

 

 

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

1. Your lather and his elder sister are the legal heirs of your deceased grandfather's all properties including the amount left in his Bank account who can claim those properties.

 

2. Your grandfather was well within his right to gift his properties to his brother, when he was alive. You can challenge the said gift deed if you can prove that it was obtained out of influence/coercion or your grandfather, since deceased, was not in stable mind when he had registered  the said gift deed.

 

3. Your father and his elder sister can register a partition deed dividing the properties of your deceased grandfather by metes and bounds. Alternatively, his elder sister can register a relinquishment deed relinquishing her share of her deceased father's properties in favour of your father. 

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 Consultations

5.0 on 5.0

1. All the 3 three legal heirs. This includes your father, her sister on on behalf of your deceased uncle, his family members.

 

2. Your grand father was free to gift his personally and self acquired property to any person as per his choice. Hence, nothing wrong with the gift deed and it cannot be challenged now.

 

3. File a partition suit. 

Vibhanshu Srivastava
Advocate, New Delhi
9180 Answers
189 Consultations

5.0 on 5.0

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