Can I and my mother claim my deceased grandfather's property
I and my mother are the daughter and wife of pre deceased son of my deceased grandfather.
My grand father had mutual funds, shares in demat form, bank fixed deposits and a flat.
He did not make any will for his property. And had already put my uncle's name as a nominee for mutual funds, shares and bank deposits. Also my uncle is the nominee of savings bank accounts of my grand father.
Now my uncle is refusing to leave his partition of flat even after claiming all other properties.
Legal heirs of my grandfather are :
My father -deceased
me - daughter of deceased son
my mother - wife of deceased son
My aunt does not want to claim her partition.
Please suggest your opinion. Can we claim our rights on the fds, mutual funds and shares?
Asked in Family Law from Pune, Maharashtra
1) please note that nominee is only trustee for legal heirs
2)since your grandfather died intestate on his demise onefourth share would devolve on you and your mother as legal heirs of your father
3) your mother and you can file suit for partition to claim one fourth share in grandfather assets
On the death of your grand father all his properties became liable for partition in equal shares among his 4 legal heirs making your father entitled to 1/4th sahre holding.
So if your uncle has deprived you so far or is still depriving you in getting your 1/4th sahre due to your father you can file a suit for partition to claim his sahre and for injunction also so he may not sell the existing properties.
Do note making of nominee did not make your uncle absolute owner. he is a mere trustee and he is bound to distribute all the liquid assets which he received as nominee among all other legal heirs. So claim those properties as well in partition suit,
1. On the intestate demise of your grandfather his assets, movable and immovable, devolved through succession on his heirs. The share of your predeceased father further devolved on his widow and children.
2. A nominee is nothing more than a trustee of all legal heirs whose duty is to divide the assets among them. He cannot claim succession to the exclusion of the heirs.
3. You and your mother are free to file a suit for partition to cull out your separate share in the movable and immovable assets.
In your grandfather's properties upon his intestate death, all his legal heirs are entitled to an equal share thus your deceased father is also entitled to 1/3rd share in the properties.
The legal heirs of your father are entitled to his 1/3rd share in the properties, your uncle cannot deny your rights in the properties.
You can file a partition suit seeking partition and separate possession of your share in the properties.
1. Nominees are not considered as owners but trustees of the funds.
2. You shall have to file an application for succession Certificate of your grandfather.
3. After obtaining the said Succession Certificate, all the legal heirs of your deceased grandfather will inherit his movable assets as directed by the Court in the said succession certificate.
4. Engage a local lawyer having expertise in this field for getting the succession certificate for you from the Court.