Legal Issues / Property Dispute

How Property Can Be Divided Between Family And Relatives?

How Property Can Be Divided Between Family And Relatives?

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  1852      09/05/2015

Question –

 

My aunty was alone. She had a land property & two bank accounts. She had executed a will 10 months ago in which she has named the land property & one bank account in her younger brother's name (say B) stating that B & his family takes all her care when required . The second bank account has been named in her another brother's name (say A), she was living alone, 72 years but no one came to her help. 3-4 months ago she fell seriously ill and was hospitalized by us.

 

Then she nominated my younger brother (C) who was looking after her. In one bank account ( in her will it is named in the favour of ''B") .after one month she was again serious & and was hospitalised by us where after 10 days she died. Cremation & her last rites etc were performed by C. Now her brother "B" is demanding her will which she kept with her in our house. My brother is saying that all the things regarding her treatment, care etc was done by him so he deserves her property. What is the law & procedure?
- Chandra Shekhar

 

 

Expert advice –

Dear Chandra Shekhar,

 

The first thing to determine is whether or not the will has been registered. Who were the witnesses on the will? Are they willing to testify to the authenticity of the will? A Hindu will necessarily requires two witnesses and both have to prove the fact that the will is genuine and that the maker of the will did so in a sound mind and without any coercion, i.e., her will was made freely and clearly records her wishes.

 

If the will is unregistered, it may be difficult to prove the will. Anyone who wishes to prove the will shall have to file for probate of the will and shall have to prove its authenticity. Until and unless the will is proved, the bank is obliged to give all the money laying the bank account to the nominee of the bank account. In a sense a nominee appointment to a bank account is like a will for the purposes of the money lying in the said bank account. Therefore, your brother should apply to the bank on the strength that he is the nominee and seek payment of the entire money left deposited in the said bank account. The bank will not deny him that right. You should approach the manager of the concerned branch of the bank immediately to enforce the nominee's rights to the funds in the account.

 

All the best!
- Nikhil Mehra




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