• Claim of decease property

Sir, we were three sisters. my father dies 5  years ago. my elder sister died 2nd August 2016 and my mother died 26th August 2016.My mother was having bank FD and post office savings also,in some cases there are joint holders ( either or survivor).in one bank FD she appointed nominee  where as some other cases she did not appoint nominee. now where nomination is there ( in my  name),my elder sister"s husband made an objection to disburse the amount to me. Now we dont have my elder sister"s death certificate.
My question is 
1) how to claim the amount
2)how to claim the jewellery and other fd ( without nomination)
Asked 10 months ago in Civil Law from Kolkata, West Bengal
1) how to claim the amount
Where ever there is a valid nomination in your name, you submit an application along with the death certificate of your mother and submit the claim forms, get the money, let your brother in law object, ask him to go to the court to claim his share by proving his entitlement.


2)how to claim the jewellery and other fd ( without nomination)
For jewels and other FDs where there is no nomination, you can obtain a succession certificate by filing a succession case through a competent court of law and you can mention the FDs as well as the jewels worth in the petition, get the certificate from the court and apply for retrieving the movable assets.  
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) you need succession certificate from court 

2) in view of objection raised by your brother in law bank would not disburse funds in your name without succession certifcate 

3) please note that nominee is only trustee for legal heirs 

3) on your mother demise each daughter has one third share in movable assets

4) your predeceased sister share would devolve on her husband and children 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. To claim the movable assets of your mother you require a Succession Certificate. A petition for Succession Certificate will have to be filed in the court. It can be filed by one or all the legal heirs collectively. 

2. Nominee is only a trustee of all the legal heirs. He cannot claim sole succession to the movable assets of the deceased. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) you inform your brother in law that your sister one third share would be given to him 

2) your BIL is only concerned with receiving his share in fixed deposit proceeds of your late mother 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
You file a case for succession certificate with the competent court of law by making him as a an opposite party or respondent. Let him not give the death certificate, you may inform the court that the respondent/husband is having the death certificate and he may asked to produce the same before court if necessary. The bank cannot be forced to disburse the amount in the absence of valid prof of successors hence the production of  succession certificate will be the only choice when things have complicated. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
You do not require the cooperation of your brother in law to file for succession certificate. You can file the petition on your own accord. A certified copy of the death certificate can be obtained from the office of registrar of births and deaths.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Nominee is not owner of the amount lying in the account. He/she is the trusty of the said amount which please note,

2. You can encash the FDs wherein you are also one of the holders. However, all the legal heirs of your mother (which includes your BIL and her sons/daughters, if any as the legal heirs of your deceased sister)  have equal share of the said property. So, register a partition deed or file a partition suit cailing and sharing the properties of your mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Register a settlement/partition deed as suggested in my earlier post,

2. Once the said deed is registered, your BIL will certainly submit the death certificate of your sister in his own interest,

3. However, yo can also collect the death certificate of your sister by applying before the municipal corporation if you manage to know when and where  your sister had died.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) suit for partition take around 15 years to be disposed of . it generally depends upon backlog of cases in trial court 

2) you have to pay court fees depending upon value of the property 

3) legal fees vary
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
If he does not sign the partition deed then the remedy for you is to file a lawsuit for partition in the civil court to cull out your share in the property. Through a partition deed you can divide movable and immovable assets. The cost is the fee of your lawyer who will draft it and the stamp duty and registration charges.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
If you can manage to get the death certificate of your sister, what is your problem.  
If your brother  in law is not cooperating or willing to partition, you do not have any option than to approach court of law with a partition suit seeking your share and separate possession by impleading your brother in law as respondent.  The partition suit, if contested may take time atleast more than three years.  In partition suit itself you can include the movable properties too.  The cost will depend on the lawyer who fixes the fee while you fix him for this case.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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