Share in intestate's property
My father in law & mother in law were nominee in several insurance policies of my deceased husband and they have claimed all the money. Do my minor children and myself have a right over the amount claimed by them?Moreover, my husband had purchased a house property from the builder for which the entire money has been paid but registration of the property could not be done. Only a sale agremeent done on rs.100 stamp paper in July 2011 exists. Can I claim the property for registration as on date?
Asked 2 years ago in Property Law from Dhanbad, Jharkhand
The properties whether immovable or movable left behind by your deceased husband automatically devolves on all his legal heirs consisting his wife, children and mother upon his intestate death.
The nominee under insurance policy death claim are just trustee to receive the policy monies and they are required to disburse the claim amount to the legal heirs of the deceased.
Therefore you can send a legal notice to your parents in law seeking your share and your minor son's share in the claim amount and also can file a recovery suit if they refuse.
The registration of property need to be done on all the legal heirs of your deceased husband, so work out a plan accordingly in order to get that registered on your minor child'snname by placing yourself as guardian to minor
1. Nomination merely puts the nominee in the shoes of the depositor after his death and clothes him with the exclusive right to receive the money lying in the account. It gives him all the rights of the depositors so far as the depositors’s account is concerned. But it by no stretch of imagination make the nominee the owner of the money lying. On the demise of your husband his legal heirs are his mother, widow and children, each one of whom has succeeded equally to his movable and immovable assets including insurance policies.
2. In so far as the house is concerned the title did not pass to your husband if the sale deed has not been executed in his favour. You can now step into the shoes of your husband to pay the remaining sale consideration and have the sale deed executed in favour of his heirs.
1) nominee is only trustee for legal heirs
2) on your husband demise intestate your mother in law , you and minor children have equal share in his movable and immovable properties
3) file suit for partition to claim your and children share in deceased husband assets
1) you can obtain letters of administration from court in the nane of legal heirs
2) apply to builder to execute sale deed in name of legal heirs
3) builder would agree provided you obtain letters of administration from court
1) your father in law is not class i legal heir
2)on husband demise your MIL , wife and children are the legal heirs
1. You, your son and your mother in law are the legal heirs of all the movable and immovable properties of your husband who died intestate,
2. The nominees are the trusties of your deceased husbands said funds which shall have to be equally divided between all his legal heirs,
3. All the legal heirs of your husband inherit the said house property and file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice against the seller claiming immediate registration of the said house in the names of all three of you, damage and cost.