• Right on first wife ancestor property after second marriage

Mrs Malar married Mr. Kannan and they are having two minor children A & B.  Mrs Malar has a sister named Mrs.  Bhagya. Ancestor property was sold by both Malar and Bhagya and deposited equally in their respective bank account.   Malar nominated her sister Bhagya as nominee for her bank account considering bad character of Kannan.  After the demise of Malar, Kannan married Uma.  Kannan and Uma have two minor children X & Y.  Money deposited in Malar's account has been transferred to Bhagya's account and kept in Fixed Deposit and will be given to A & B after attaining major, i.e, age of 18 years.  
1.	Whether Kannan can claim the amount (Now Bhagya is having in the form of FD).
2.	Amount transferred to Bhagya account  is legal or not.
3.	Whether guardianship of Kannan can be removed on the grounds of his bad character according to Section 39 of Guardian and Wards Act.
Asked 5 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) nominee is only trustee of legal heirs 

2) sister Bhagya was only made nominee by sister Malar . No will executed by Malar 

3) on Malar death her husband and children are legal heirs 

4) amount transferred to Bhagya bank account can be claimed by legal heirs 

5) kindly clarify on what basis you say kanan character is bad justifying his removal 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
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Strictly speaking as per law a nominee can receive the money on behalf of the legal heirs of the deceased depositor and has to distribute the same to the legal heirs of the deceased properly.
Whereas practically the nominee receives money and avals them for their own use fully.
Since the money has been deposited in the names of the minor children by the nominee Bhagya, let the children remain benefited.  If at all Kannan has anything to claim he may approach court of law

1.  Kannan cannot claim any amount from Bhagya's FD amount.

2.  Yes, it is legal.

3.  The guardianship cannot be denied to Kannan until the court is justified about it in a guardians and wards act case. Kannan is the biological father and he has full rights for guardianship of his minor children

T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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1. A nominee is only a trustee who holds the assets in trust on behalf of all the legal heirs. On the demise of Malar her heirs i.e widower and children succeeded equally to all her movable and immovable assets unless she had made a will to the contrary.

2. The widower can obtain succession certificate from the court to realise the liquid assets of his deceased wife.

3. To uproot the natural guardianship of the father it will have to be proved that his conduct is unbecoming of a father.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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