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RAJESH (NA)     27 September 2017

Share in deceased mother's assets

My widowed mother, who died intestate at the age of 85, has left behind some valuables and bank balance. She was also getting family pension after the demise of my father about 10 years back. We are five brothers and one sister. My deceased mother (along with my father who was alive then)  had gone to live  with my youngest brother some15 years back at their own will. I only know about the valuable she had at the time when she along with my father used to live with me (18 years period)  or, later on,  would come to know during her visit to my family. Although she was also getting family pension, I do not know exactly how much money she would have accumulated and  left behind in the form of cash, bank balance etc. She never shared the details of her assets with me or my other brothers/ married sister. Since she had been living with my youngest brother till she breathed her last, he must be in full knowledge of all her assets. The problem is he is not disclosing anything. He seems to have taken it for granted that since he had been taking care of my mother for the last so many years, no one else should discuss or claim his/her share. Please let me know what legal course of actioin is left with us in case my youngest brother refuses to disclose the assets' details as also to  part with the share of the remaining legal heirs involved in this case. 



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 6 Replies

Kumar Doab (FIN)     27 September 2017

It is believed that all involved are Hindu.

Confirm!
 

Kumar Doab (FIN)     27 September 2017


In case of Hindu female dying without disposing her estate/property in her life time by a valid/registered deed,  the nature and source of property matters.  

In case she has not left a valid WILL and property is self acquired/earned/absolute then it would be simple matter of inheritance; ‘Intestate Succession’…………. ..And 1st right is of her husband (if alive as on date of death), sons, daughters…………….. 

 If it is property that has devolved from husband; 1st right is of her sons, daughters……………..and in their absence heirs of her husband.  

If it is property that has devolved from parents; 1st right is of her sons, daughters……………..and in their absence heirs of her father.

Kumar Doab (FIN)     27 September 2017

   

 

In case she has signed valid nomination in bank accounts then Bank can discharge IT’s responsibility by paying the monies to nominee irrespective of the balance in a/c………………….until or unless there is stay from court of law.

 

In case she has not signed valid nomination in bank accounts then Bank may agree to discharge its responsibility by paying the monies to legal heirs as per IT’s internal guidelines framed in accordance with RBI guidelines e.g; Threshold limit and may ask to sign: disclaimer on one legal heir’s favor/indemnity/surety (ies)………….and ask to submit death certificate, legal heir certificate/forms-affidavit for legal heirs attestation for legal heirs by say Municipal councilor/or legal heir certificate, succession certificate, bank instruments e.g; passbooks/FDR etc  etc

You may go thru:

RBI Master Circular on Customer Service in Banks; 19,20

https://www.rbi.org.in/scriptts/bs_viewmascirculardetails.aspx?id=9008

You may also go thru:

 

Deceased depositor Policy of Bank

 

Claim Forms

that should be available on website of bank and bank is under obligation to provide free copy to claimants, and also claim forms.

Kumar Doab (FIN)     27 September 2017

 

Pension; Go thru rules of establishment.

Cash; All legal heirs may share..equally.

 

The brother with whom she was living and other sons/daughters may share the maintenance expenses if any for mother and funeral expenses………

 

Settle amicably, preferably and try to take help of elders of the family ,well wishers so as to avoid litigation……………. 

 

Ask your younger brother to disclose all estate that has been collected and/or to be collected.

If all efforts fail approach a vry able LOCAL senior counsel of unshakable repute and integrity specializing in succession/civil matters and having successful track record.

 

RAJESH (NA)     28 September 2017

Thank You, Mr. Kumar,  for taking pains in giving me your advice. Much appreciated.

Kumar Doab (FIN)     28 September 2017

Wish you the best.


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