Nomination

Vijay Kumar (Querist) 29 May 2014 This query is : Resolved

Sir,

Please write me in details about nomination. ie.This folowing message of answer is according to the law/rule/act number with.

One of the nominee is our broghter. He
has withdrawn full amount from bank. Bank also given the full amount of balance to him.

What I understood for this following reply
is that he can not withdraw amount from bank or etc. other amount.

Thanks

Vijay.

HOW TO GET SHARE IN PROPERTY PARTITION.

SIR HOW TO FILE A CIVIL CASE OF SUCCESSION IF A WOMAN HAS DIED INTESTATE LEAVING 2 SON AND 4 DAUGHTERS BEHIND. IF 4 DAUGHTERS WANTS TO GET EQUAL SHARE IN THE PROPERTY OF DECEASED MOTHER WHAT IS THE PROCEDURE TO FILE CIVIL CASE FOR THIS. IF THE PROPERTY IS FIXED DEPOSITS IN BANK CAN 2 BROTHERS GETS THEIR RIGHT IF THEY HAD BEEN THE NOMINEE OF THE FIXED DEPOSITS(FD) OR FD HAS TO BE SHARED AMONG THE ALL BROTHERS AND SISTERS EQUALLY. AND IF BROTHERS WANTS TO SHARE FD AND OTHER CASH PROPERTY AMONG THEM DO THEY REQUIRE ANY COURT ORDER TO SHARE FD AND CASH OR LETTER OF RELINQUISHMENT HAS TO BE OBTAIN FROM SISTERS.

Dear Client,

Please note the nominee is only a custodian of the property on behalf of the owner after his death and not at all is a owner of that property.

In this case you have to file a civil case of declaration, partition and possession of the property in civil court of the local jurisdiction, submitting details of all legal heirs of the deceased along with their addresses and relation to the deceased and the full detail of the his property.

After the publication and notice, in the absence of any objection if not filed by any one, a declaratory decree will be passed by the civil court stating that the these are the surviving legal heirs of the deceased and the property be equally divided among the all of them. Thus all brothers and sisters will get the equal share out of the FD and Cash.

In case any one of the legal heir wants that his/her share be relinquished in favour of the any one else among the surviving legal hairs he or she can do so as per his/her sweet and free wish & will.

For further legal assistance on nominal charges, you can have my Phone Number and Office address from Path Legal by simply clicking "TALK TO THIS ADVOCATE".

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on Path legal site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

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P. Venu (Expert) 29 May 2014
The reply is self explanatory. The legal heirs can move the civil action against the nominee if they are aggrieved by the action of the nominee.

Dr J C Vashista (Expert) 29 May 2014
I agree with experts

ajay sethi (Expert) 29 May 2014
it means that nominee is a trustee for all legal heirs . if nominee has with drawn amount from the bank other legal heirs can claim share in fixed deposit proceeds

Sankaranarayanan (Expert) 29 May 2014
i do agree with experts

Rajendra K Goyal (Expert) 29 May 2014
Please write me in details about nomination.

: Academic query.

This folowing message of answer is according to the law/rule/act number with.

: Yes, citation / case law is not provided.

If not satisfied with the action of nominee, legal heirs can always approach court against nominee demanding their share.