• Can a nominee from Indian claim property in US

My Monther's brother was an NRI, Lived more than 30 years as a Doctor. He had multiple bank accounts, insurance and some properties in US. Before he passed away around 5 months back , he had a family problems with his second wife and kids. He said , they tortured him for money. He divorce his first wife. 

When he was facing problem with his second wife, He separated from her and used stay alone in bullhead city, US. During that time he used to call my Mother and share all his problems.  Surprisingly He put my Monther's name as a nominee in his latest bank accounts, insurance and other properties as well. We think for some of this properties, he even made a  will on my mother's name, which we think in the bank locker. 

Though he applied for divorce to his current wife, due to his sudden death, the procedure was pending. My question is ....

Since my mother is nominee in all this properties in US, how can we claim it ?   
Will his current kids and wife still has right over nominee? 
If any lawyer is willing to take up the case . Please let me know.
Asked 1 year ago in Property Law from Hyderabad, Telangana
Religion: Christian
1. Yes, your mother can claim the properties as nominee.However the nominee is a mere trustee and she after receiving the properties will have to handover the same to wife unless your mother is made the sole owner of all her brother's properties by way of Will.
2. The wife and kid can oppose unless your mother exerts her rights over her brother's properties by Will.
3.I am willing to take up. Feel free to contact. Visit mu website- www.acelegalfirm.com for details.
Devajyoti Barman
Advocate, Kolkata
13122 Answers
174 Consultations

5.0 on 5.0

1) nominee is only trustee for legal heirs 

2) if your  uncle had left will bequeathing property to your mother then she should apply for probate of will in USA 

3) in absence of will his wife and children born out of said marriage would be the legal heirs 

4) contact local lawyer in USA 
Ajay Sethi
Advocate, Mumbai
46662 Answers
2759 Consultations

5.0 on 5.0

1) lawyer from India may not be ofmich legal help as all the property is in USA and brother died in USA 

2) if your mother  has list of bank accounts, insurance policy where she is the nominee she should write to bank , insurance company and claim the money lying in said accounts , policy proceeds 

3) in case his wife , children move court to claim said money notice would be issued to your mother 
Ajay Sethi
Advocate, Mumbai
46662 Answers
2759 Consultations

5.0 on 5.0

In case of a flat, nomination does not confer any permanent right upon the nominee.

In fact a nominee can only receive money left behind by the deceased on behalf of the legal heirs/successors in interest and to distribute to the legal heirs accordingly. 

The nominee will only hold the flat or the movable properties of the deceased as a trustee and will be legally bound to transfer it as per the provisions of the Will or the legal heirs as per the applicable laws of succession.

If there is a will bequeathing the property in your mother's favor then she may have to apply for grant of probate from a court competent in US for this purpose. 

A probate means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator, and which along with the Will forms part of it. The legal effect of the grant of a probate is that it conclusively establishes the legal character of the person to whom it is granted. It also conclusively establishes the testamentary capacity of the testator and the validity and due execution of the Will.

If a Will is not made, then the legal heirs would be those as per the succession laws applicable to the deceased, where the structure is predefined on who gets how much and in what proportion.

An attorney from US would be a right person to answer your questions on all such further issues, a lawyer from India cannot travel to US to organize the inheritance formalities. 
T Kalaiselvan
Advocate, Vellore
36790 Answers
403 Consultations

5.0 on 5.0

My question is....
Will his wife/kids be able to retain the property without my mother's intervention as a nominee or she still need my mom's help to get the property?  

If your mother is just a nominee then she cannot stop them from acquiring all the properties to which they are legal successors in interest. 
Nomination is the process whereby a person is appointed to hold and take care of all the properties  after his death  until it is transferred to the legal heirs by way of a Will or any other instrument of transfer or under succession laws.
And a nominee in such a case, therefore, is only a caretaker of the properties and not the owner thereof. The nominee will only hold the properties of the deceased as a trustee and will be legally bound to transfer it as per the provisions of the Will or the legal heirs as per the applicable laws of succession.

Is there any scope for settlement? 

It depends on the negotiations, if any.  Your mother, if is in the knowledge of the details of the money in the bank and other deposits may write to the authorities about it and sign a claim form by observing other formalities in this regard. 

He is a Doctor and hates his wife like hell. I think he would have made appropriate measures to make sure my Mother gets her part. 

If you are confident that the deceased wold have made some arrangement, gather the details and consult a local lawyer to issue legal notice to the authorities  for claiming the amount and other properties reported to have been left behind by him by a testamentary disposition. 
T Kalaiselvan
Advocate, Vellore
36790 Answers
403 Consultations

5.0 on 5.0

It is highly likely that your mother's brother must have made a WILL and kept it in safe custody in his bank locker.

If your mother is a NOMINEE, She is only a trustee who has to pass on the assets to the legal heirs of the deceased.

From what you mentioned in your query, your uncle's lawyer's must have helped your uncle in Drafting of a WILL.

If you are confident of your claim, you can file a suit in the courts at  Bullhead city, Arizona and we can help you in filing a claim for property, insurance and bank accounts.

However please be informed that law suits in USA will be very costly and starting will be about  Rs10 lakhs- 25lakhs.
Rajgopalan Sripathi
Advocate, Hyderabad
1321 Answers
167 Consultations

5.0 on 5.0

For this you should consult a US based lawyer as there is nothing in Indian law that would prevent a resident Indian from inheriting movable and immovable properties outside India. So you should consult a US based lawyer for this. If at all a legal notice is to be sent then it should be sent only through a US lawyer.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

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