Death claim dispute
MADHAVAN
(Querist) 22 August 2017
This query is : Resolved
Sir, My Maternal uncle (my mother's sister husband) passed away recently. His wife passed way five years before and he had no issues. He was bed-ridden and I taken care all his needs for the past 5 years. He had nominated me for some of his bank FDs and I had claimed the FD amount from bank. He had a property worth 2 crores and his brother is trying to get succession certificate for claiming the property. His brother is already worth 20 crores of property and well settled. Even though, He is threatening me that he will send legal notice claiming the FD amount. Can I defend the case ? If he sends legal notice, how long it will take to get judgement from court ?
Kumar Doab
(Expert) 22 August 2017
Which personal law applies in this case say ; Hindu?
Kumar Doab
(Expert) 22 August 2017
Was his mother, father alive as on date of his death?
Kumar Doab
(Expert) 22 August 2017
Generically speaking: Until or unless the personal law that applies provides for rights of inheritance/succession to you ( from your deceased maternal uncle) and until or unless he had NO other legal heir above you in line of succession..........................YOU have NO claim.
Kumar Doab
(Expert) 22 August 2017
Nominee is mere a trustee.
Bank has discharged its liability by making payment to nominee..............
Now you have to handover the proceeds in case he/she is above you i n line of succession.........
He/she can sue you to claim from you.
Kumar Doab
(Expert) 22 August 2017
If you have handled his funeral and expenses then gently take up the matter and ask to pay................
He may agree to pay.
Rajendra K Goyal
(Expert) 22 August 2017
Legally in absence of any will / gift, you have no share in the property.
Legal heirs of the deceased can claim the proceeds received from Bank by nominee.
Try to have amicable settlement.
Kumar Doab
(Expert) 22 August 2017
Hope you are satisfied.
Kumar Doab
(Expert) 22 August 2017
Thanks for agreeing Mr. Bhartesh Goyal.
Kumar Doab
(Expert) 22 August 2017
Thanks for agreeing Mr. Suneel Moudgil.
Ms.Usha Kapoor
(Expert) 23 August 2017
A mere nomination does not entitle you to deceased maternal uncle's property. You are a mere trustee who holds the properties in trust to hand over to the beneficiaries or legal heirs..Your maternal uncle's property ultimately goes to his legal heirs..If his parents are still alive ?FDs go to them.
(Expert) 22 August 2017
