My mother has kept me as nominee for all her deposits which was inherted from my father(her husband). Please advice if there will be an issue post her death Currently legal heirs of my father are my Mother,myself and my sister(she has expired however survived by her husband and minor daughter) adding incase of my death who will be the legal heirs assuming my mother is also dead at time of my death.( i have no wife or kids). Incase my sister husband is seeking a share from my fathers property , can i show the money transfers done over the years to him and the dowry money/jewelry given to him during my sisters marriage .will this hold good in court.
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Nominee is only trustee for legal heirs
2) on mother demise intestate you and sister legal heirs will have share in property
3) your mother should execute will bequeathing deposits in your favour .will should be attested before 2 witnesses
4) transfers made during father lifetime does not disentitle your sister legal heirs from claiming share in property
My Father property is worth 50Lakhs as of today i would have given 50% of the share if the below didnot happen Sister marriage - 14 years ago rs 10lakhs worth gold given(Cost of jewelry at that time and not current valuation) sisters husband home construction - 5 lakhs given financial problem - 4 lakhs sisters medical support - 14 lakhs Ancestral property sale share received total was 4lakhs entire amount is with her husband Total = 10+5+4+14+4= 37 lakhs given so far. excluding dowry total still comes to 27 lakhs Current property maintenance was done my me post fathers retirement - 12 years back Reworking on all damaged parts and ceilings done by me Please let me know still my case wont hold good. I have evidence for transfers however no evidence for maintenance work and money spent for the home.
You don’t have any case
it is immaterial whether during father lifetime Rs 37 lakhs have been given .your father did not execute any Will so sister legal heirs have equal share in property
The legal heirs of your father i.e., you, your sister and your mother are entitled to an equal share in all the assets left behind by your deceased father.
It is not known that whether your father's deposits was acquired by your mother on her own or by a Will bequeathing the same in yor mother's favor.
However being a nominee of your mother's deposits will not entitle you to take the entire deposit amount by yourself.
The nominee is just a trustee to receive the money on behalf of the legal heirs and the nominee should distribute the same to all the legal heirs equally.
In the absence of yor sister, her own legal heirs namely her husband and children shall be entitled to her share in the deposits and other estates.
In the event of your own death and being unmarried at the time of death your properties shall devolve on your class I legal heirs, and in the absence it may devolve on class II legal heirs.
Your sister being one of the class II legal heirs, upon her death her own legal heirs shall be entitled to inherit your properties.
The money what you have spent on your sister periodically will not dis-entitle your sister from claiming her rights over the properties left behind by your deceased father.
She acquires the right by birth to have a share out of your deceased father's properties if he is reported to have died intestate.
Therefore your account what you have produced here will not be considered by court as a share given to your sister in lieu of the property share that she is entitled.
Therefore the share that your sister's legal heirs entitled cannot be denied.
Can i atleast ask the money which was given . as 50% is my share as it was my father money wherein technically i have rights over that . if this also the law states no then being a son i am at loss with no benefit at all. sisters husband home construction - 5 lakhs given financial problem - 4 lakhs sisters medical support - 14 lakhs Ancestral property sale share received total was 4lakhs entire amount is with her husband
It was given by father out of his own free will not given as loan
you cannot claim 50 per cent of money given
You will be entitled to your legitimate share our of your father's assets/estates equally at par with your mother and your sister
Your deceased sister's share shall devolve upon her own legal heirs which cannot be stopped by you.
Father ’s money belong to his widow, his son and daughter in equal shares. You can take your share and mother’s share if she is willing. That will make your share 2/3. As a son your right to share property is equal with daughter. There is no special rights of son.
Dear client I am sorry to hear that but the property of your father will be equally divided among you your sister and your mother
1. Post your mother's intestate (without executing a WILL) death, her deposits in which you have been named as nominee, you are only a custodian of the deposits and the money realised has to be equally distributed amongst the legal heirs. Post your mother's death, the Class -1 legal heirs in the instant case would be you and your deceased sister's daughter.
2. In case of your intestate death, wherein assuming that your mother had predeceased you, then the property would devolve to your niece (your deceased sister's daughter).
3. Your deceased sister's husband is not a legal heir to your deceased father's Properties. Your deceased sister's husband has no legal right to claim any share in the property. If your deceased sister had acquired self acquired property during her lifetime and if she had died intestate, then only her husband would have got equal share in the property, alongwith his daughter.
Nomination is not ownership rights. Sisters husband can only ask share of his wife if she is not alive.
