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My Female friend, age 50, working as a government Scholl teacher in Karnataka. Even though she lives with her husband Her Relationship with her Husband not good. She has two daughters. As on today, one is major, and one is minor Right now she has one Plot ,Fds In Bank,LIC Policies and SB Accounts. Need information regarding Mentioning her both daughters with equal share as the nominees for these assets she is holding right now and also for any money or property she might get from her parents side, Her intension is her husband should not get a single paisa ..Also is she required to provide this information of daughters as nominee to the department she is working ?
Asked 12 days ago in Family Law
Religion: Hindu

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10 Answers

Friend should execute will bequeathing her assets to her 2 daughters 

 

2) mention reasons why she is not giving any share to her husband 

 

3) will should be attested by 2 witnesses 

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

nominee can merely receive the amount and property but nominee is bound to distribute the same among class-1 legal heir. You can make WILL in respect of her existing property in favour of daughters but husband has every right to challenge the WILL.  

Siddharth Srivastava
Advocate, Delhi
1537 Answers

She can very well change the nominee in he service records from that of her husband to that of her daughters with equal percentage to both of them.

She can nominate both the daughters as her nominees to her bank accounts, FDs as well as in her LIC policies, if she has already nominated her husband, she can submit application for change of nomination everywhere. Alternate option is to bequeath all her assets to her both the daughters by writing a Will duly attested by two witnesses. 

 

T Kalaiselvan
Advocate, Vellore
88514 Answers
2397 Consultations

1. Under Hindu Women's Right to Property Act, husband will have any claim on property of wife movable or immovable. Husband cannot claim any share in the plot or fds, lic polices. 

2. No need to inform the department regarding nomination of daughters. 

Ravi Shinde
Advocate, Hyderabad
4850 Answers
42 Consultations

Dear Sir/Madam,

Please be informed that husband has no right to the properties of wife. The children will get the properties. Better she may execute Registered Will as properties are her self acquired properties.

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Section 15 in The Hindu Succession Act, 1956


  1. General rules of succession in the case of female Hindus.

 

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

 

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

 

Section 16 in The Hindu Succession Act, 1956

  1. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:— Rule 1.—Among the heirs specified in sub-section

(1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously. Rule 2.—If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death. Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6196 Answers
494 Consultations

1. Now the Banks allow upto 4 persons to be nominated for both SB & FD Accounts. Hence your friend can nominate her two daughters as nominees to her bank, LIC Policies, Shares, etc.

2.  For her immovable properties, your friend can execute a WILL, naming her two daughters as beneficiaries, so that after your friend's lifetime, her two daughters can succeed to your friend's properties.

3.  There is no need for your friend to inform her employer about the nomination of her daughters as beneficiaries for her movable and immovable properties.

Shashidhar S. Sastry
Advocate, Bangalore
5515 Answers
334 Consultations


Nomination for Assets (Plot, FDs, LIC, SB A/c):

  • She can nominate both daughters equally for:

    • Bank FDs & SB A/c – submit nomination forms at the bank.

    • LIC – update nominee via LIC nomination form.

    • Plot – mention both daughters in property Will or apply for joint ownership.


To Exclude Husband:

  • Make a registered Will clearly stating that all assets (current and future, including from parents) go only to daughters.

  • Mention that husband should not receive any share.

  • Without a Will, legal heirs (including husband) may claim rights.


Informing Department:

  • Not mandatory to inform her government department about nominations unless linked to service benefits (e.g., GPF, gratuity, pension). In that case, update nominations via HR/Admin.



Let me know if she needs a sample Will format or nominee forms.

Shubham Goyal
Advocate, Delhi
1038 Answers
5 Consultations

- As per law, during her life time none having any right to claim over her assets and property.

- Hence, she can write a Will in the names of her daughters only and can give that Will in the govt department to named them as her nominee. 

- The Will must be written in the presence of two witnesses. 

- Further, even during her life time she can transfer the property in her daughters name after executing a registered gift deed. 

Mohammed Shahzad
Advocate, Delhi
15144 Answers
230 Consultations

Dear Client,

  1. Your friend can suggest both daughters alike for her FDs, bank accounts, LIC policies, and plot; but to have the legal inheritance, she must draw a registered Will clearly excluding her husband and transferring everything to her daughters.
  2. She must mention in the Will that any future bequests from her parents will also go only to her daughters.
  3. For her government employment benefits (such as pension, GPF, insurance), she has to renew nominations via her department—no necessity to provide Will information to them.

Hope this helps you out, should you require any other explanations or difficulties, please just ask.

 

Anik Miu
Advocate, Bangalore
10593 Answers
123 Consultations

She can execute a registered will or gift deed in favour of her daughters 

Prashant Nayak
Advocate, Mumbai
33420 Answers
220 Consultations

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