• Legal heir

My sister is suffering from cancer last stages. 
So far due to COVID and doctors advice for travel as my sister bones are brittle she didnot travel. 

She is in Maharastra and I am chennai 

Father property we have 3 legal heirs - My mother , myself and my sister 

incase of her untimely demise , what would be legal aspect of her share . 

she is survived by her husband and daughter 12 years 

Property transfer to the legal heirs is yet to happen in the Revenue department. 
(it is my fathers name ( who has expired 2 years back just before COVID)
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

On sister demise intestate her one third share in property would devolve on her husband and daughter 

 

she can during her lifetime execute will bequeathing her share to whom so ever she so desires 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

1. Assuming that your father died intestate (without executing WILL), then his self acquired property would devolve equally to (1) your mother (2) you and (3) your sister.

2.  In case of your sister' s untimely intestate death, her share in her deceased father's property would devolve to her children, i.e., in the instant case to her daughter.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Her 1/3 share will devolve on her husband and daughter.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

- As per law, after the demise of your father intestate , his property would be devolved upon all his legal heirs equally i.e. your mother , sister and you will have 1/3rd share in the property .

- Further, similarly after demise of sister , her property would be devolved upon her legal heirs equally i.e. her property can be claimed by her husband and minor daughter equally. 

- Hence, everyone of you can apply for mutation in the respective names after submitting the death certificate and other required documents 

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

Upon intestate death of your father, his properties shall devolve equally on all his legal heirs/successors in interest.

Thus your sister being one of the legal heirs she is entitled to one third share in the property.

If unfortunately she also happens to die intestate then her share of property shall devolve equally upon her own class I legal heirs namely her children and husband. 

Thus her husband and her daughter shall be entitled to inherit her 1/3rd share in the property jointly.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

1.  Nominee is only a custodian to receive the proceeds in the Fixed Deposit from Bank and the responsibility of the nominee is to distribute it to all other legal heirs.

2.  In case of No nominee mentioned in FD, then the Bank would disburse the money to all the legal heirs, on production of certified Genealogical/Family Tree or Legal Heirship Certificate.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

The bank fixed deposits on the joint names can be operated by either of them, if one of them is no more then the other becomes the sole owner of such deposits. 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

Same applies to fixed deposits or any other movable properties. That one third each and the  same will devolve on legal heirs of sister.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Nominee is only trustee for legal heirs 

 

on sister demise intestate her share in fixed deposit would devolve on her husband and daughter 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

Her share will be divided into husband and daughter

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Your father's property shall devolve equally among your mother, you and your sister. After your sister's lifetime (I am sorry to hear about illness), her undivided one-third of your father's estate shall devolve on her husband and children equally. 

In respect of the fixed deposits in the joint names of your mother and your sister, after your sister's lifetime (sorry, again), if they are on "either OR survivor" basis, they will continue till maturity in your mother's single name, and she can withdraw them on the respective due dates. However, she needs to inform the bank concerned about your sister's passing away (sorry, once again). The nominee can claim only after the lifetime of both joint depositors.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Hi, Better  your sister can executed release deed releasing her  share while executing GPA in your favor or your mother favor. Other wise she can dispose of her share while executing Will. Suppose, If she died interstate then the property will be fallen to the share of her husband and daughter. 

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear client,  I am sorry to hear that but in this case all her property and money will will given to legal heir, which In this case is her child and husband, as well as her mother and father to some extent. 

Anik Miu
Advocate, Bangalore
11018 Answers
125 Consultations

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