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Assets / property distribution

(Querist) 28 July 2015 This query is : Resolved 
After the death of head and some more important members of family how the distribution of various articles like property / jwellary / money / Fix deposits will be done. Specific details are -

Parents has been expired which were having 2 sons and 3 daughters. One son was expired in april. Now there are five people among whom the distribution is needed to be done

Among 3 daughters 1 daughter has separation from husband and were living with father till this time since birth, almost whole life and others are married.Regarding son, 1 has expired and left with his widow wife.

Now I want to know,

1. How to distribute various things among then as per law ? What law says here ?
and

2. In case one among has done some cunning i.e. removing something from whole pool i.e. let say from 100gm gold let say some has keys or locker and all, the same person has removed 20gm separate and left 80gm to be distributed, what/How to tackle same ?

3. Additionally for bank locker if bank is not having / recording details of operating of lockers then how to solve the issue ?

Rudrawar Narayanreddy (Expert) 28 July 2015
in case of hindus movable is equally divided among sons daughters, deceased sons share will be equally divided among the mother and wife herein no mother so entire share of deceased son goes to his wife.
if some articles are removed you have to take criminal and civil proceedings to claim share in them
if details of bank where locker is situated is available then visit bank fill forms and file declarations notarise and submit and open the lockers. legal hiers only can apply for it.
crpc (Querist) 28 July 2015
Is daughters status being married/unmarried or staying at parental home i.e. father house effects share equality in any manner ?

if bank does not keep the record of operations i.e. when and who operated ? actually two people were legal hiers, if one has done something i.e. can one between two has right to do whatever he/she wants i.e. too without second even informing ?
Rajendra K Goyal (Expert) 28 July 2015
It is advisable to have amicable family settlement with the consent of all in the presence of respectable elders. Any legal step would not fetch acceptable results and would complicate the situation and hence the mutual relation.

Daughters and the family of deceased son have share in the property.
crpc (Querist) 28 July 2015
Here the issue is both parents has been expired next to same..the son who has maximum share of information / responsibility has also been expired.Therefore the situation is already complicated, regarding respectable elders.. we doesnt look anybody who can have all acceptance, therefore the situation become hactic..and if start to proceed..then would be panic for someone, therefore we are looking for legal solution ,

is there any rule/act/judgement on which above specified facts can ve verified ?
Kumar Doab (Expert) 28 July 2015
If the FDR, locker etc have valid and registered nomination then bank shall discharge the liability by handing over the proceeds to nominee, if nominee has staked the claim.



It is very well explained in RBI's 'Master Circular on customer services' : Sec 19, 20..............




Bank does keep record of operation of locker that it may share or ask permission from its legal cell or order from court.


The nominee is legally bound to part the proceeds with all legal heirs/successors equally as per the share.

The share shall be decided as per the personal law applicable to deceased owner e.g Hindu/Muslim/Christian etc........
crpc (Querist) 29 July 2015
Thanks to all my learned advocates and special thanks to sh kumar doab for providing very useful information.Now just 1 more point, i want to know which IPC/CrPC/Act/Article specifically state about equally distribution among sons/daughters of deceased in hindus i.e. hindu personal law...can anyone among my learned advocates..share the reference please ?
M/s. Y-not legal services (Expert) 30 July 2015
its accordance with family law (hindu)


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