Legal heir claims

Guest (Querist) 28 August 2020 This query is : Resolved
Hello!
I am 25 years old and I'm right now searching a job. So at this moment my bank balance is actually zero. I am living with my mother and father . My father is a Government banker and my mother is a housewife. Although My father and mother has a decent relationship but there are frequent issues between them. My father has always under the influence of his sister and very recently my father has purchased a property worth more than 1 crore and took a loan of 30 lacs for it. Although most of his savings are now empty but still we have some Fixed Deposits with first name of my father and second name of my mother in some FD second name is mine. Due to some recent circumstances in my family and a not so good relationship with my father's sister and recently my father is very ill and Doctors aren't responding positively on his health we want a legal advice regarding some following points.

1. Can My father's sister can claim for SAVINGS, if my father doesn't have a will or if he made a will and we don't know about it and he has written to give all his savings to his brothers and sisters, Can we still claim it Do we have any rights in it.

2. If my father sister fraudulently Make a will for my father or under her influence he writes in his will that he disown his wife and son from property and everything, can we still claim it.??

3. . Most important question as my father itself is a banker and he can change the names on FD. Can my mother and me being a only legal heir can make a claim if my father is no more?

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Quick Summary

This discussion addresses concerns about legal heir claims on a father's assets, particularly savings and property, when there's no clear will or potential for undue influence. It clarifies that if a valid will exists favouring another party, claims may be invalid. However, joint Fixed Deposits (FDs) with a mother and child are generally protected, and fraudulent wills can be challenged in court with sufficient proof. The advice also touches upon bank account nominations and the rights of legal heirs in such scenarios.

kavksatyanarayana (Expert) 28 August 2020
(1) & (2) If your father made a Will and the beneficiary is your aunt for his all self-acquired properties, then you have no right. (3) The FDs which are in your name and your mother's name, he cannot change it. But if no Will is executed by your father, only your mother and you have rights.

Dr J C Vashista (Expert) 29 August 2020
Hello,
Be brief and specific with all relevant facts if you need some obligation of experts on this platform.
When you are not aware that whom did your father has nominated/ executed will for his saving, what do you expect from experts ?

Shilesh Patel (Expert) 29 August 2020
1. if there is no will you can claim the rights but if the will exists in the name of your aunt then you cannot claim any rights over that.

2. you can challenge but moreover, you need solid proof but in your facts, I don't see any option to challenge the will.

3. in the first name of your father in FD if there is a will for your aunt then she can claim but if no will then the second name shall have the FD account holder.

Isaac Gabriel (Expert) 29 August 2020
Being bank officer, the officials may.let you.know about the nomination made in SBAccount In case of demise, the legal heirs claim will prevail over others. It is not advisable to hypothetical queries.

P. Venu (Expert) 29 August 2020
The posting suggests no real issues, but mere conjectures!

Rajendra K Goyal (Expert) 29 August 2020
You said:
1. Can My father's sister can claim for SAVINGS, if my father doesn't have a will or if he made a will and we don't know about it and he has written to give all his savings to his brothers and sisters, Can we still claim it Do we have any rights in it.

Reply.

Joint FDR is generally with the style “Either or Survivor “ or “Former or survivor” (all jointly if no such mandate mentioned), in such conditions, after the death of any of the account (first or second) holder, the money would be paid to other account holder on production of death certificate. No third person (including father’s sister) can claim from Bank.

Bank can not make premature payment without the consent of all account holders.

Rajendra K Goyal (Expert) 29 August 2020
You said:
2. If my father sister fraudulently Make a will for my father or under her influence he writes in his will that he disown his wife and son from property and everything, can we still claim it.??

Reply:

Your father can bequeath (Will) his assets, can not disown legally married wife without divorce and his son.

In case of fraudulent will lodge police complaint and challenge the will in the court.

You said:
3. . Most important question as my father itself is a banker and he can change the names on FD. Can my mother and me being a only legal heir can make a claim if my father is no more?

Reply:

If name is changed without the consent of other account holder in joint account, it is irregular and can be challenged by lodging complaint with the Bank / in the court (if Bank refuse to entertain).

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