Property and bank fd

mk (Querist) 08 June 2020 This query is : Resolved
my mother has left a will with 50-50% share each to me and my one bro as per regd will of her flat in tamil nadu
my brothers produced another notarised unregistered will which says 25%share to all 4 of us .we are 4 siblings .also bank fd is same case
another bank which had locker is withdrawn without my knowledge of which jewels were to be divided into 4 siblings as per registered will too
im her daughter and have 3 brothers
bank has kept on hold as i submitted the reg will and i want to know
how to prevent bank from releasing to them
how to deal with property in this regard .
since i have lost my mother and son recently .is there a way we can try to settle amicably but also show them that we would not settle for less

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When conflicting wills exist regarding property and bank fixed deposits, the most recent will generally prevails, regardless of registration. If your brothers present a later, unregistered will contradicting the registered one, legal action may be necessary. Banks may release funds to a nominee, but they must distribute them to rightful heirs. You can involve the bank in legal proceedings to prevent premature release of funds. While amicable settlement is ideal, be prepared to pursue your rightful share through civil court if necessary.

P. Venu (Expert) 08 June 2020
It is the last Will that prevails. It is not necessary that the Will be registered or notarised.

Raj Kumar Makkad (Expert) 08 June 2020
As conflicting wills have been shown by you and your brother so it shall be better to go to civil court seeking partition of the properties including the amount hold by bank and possession thereto.

A settlement is always good especially between brothers and sisters and you should try for that otherwise you may file an application before the court to that effect so as to bring the disputing parties on negotiating table with the help of court conciliator.

K Rajasekharan (Expert) 08 June 2020
As already said the last will, if it is a proper one, will survive. If both parties have contradictory claims, it can only be settled by filing a civil suit.

In regard to the bank deposit and other assets, the bank can release the amount belonging to the deceased, to the nominee as per banking regulation act even if the nominee is not the legal heir. If the bank does so it will be absolved of its liability in regard to the deposit or assets of whatsoever nature.

But the nominee has no claim over the deposit or assets just because being the nominee. But his duty is to distribute the amount or asset to the rightful legal heirs.

To learn more on the issue ‘nominee v legal heir’, kindly see my article at http://lawwatch.in/2020/05/08/nominee/

Raj Kumar Makkad (Expert) 08 June 2020
You can also make the bank as one of the defendants so as to serve your interest of non-releasing the accumulations in faovour of either of the parties to the dispute till finalization of the suit.

Rajendra K Goyal (Expert) 08 June 2020
You said:
my mother has left a will with 50-50% share each to me and my one bro as per regd will of her flat in tamil nadu my brothers produced another notarised unregistered will which says 25%share to all 4 of us

Reply:

Registration of will is not mandatory. Latest will would hold good. If the notarized will is latest, it would be applicable.

You said;
.also bank fd is same case

Reply:

Generally, there exist nomination in Bank deposit / accounts /FDs. Bank is discharged by paying it to nominee although it is considered as the money belonging to legal heirs. If nominee is not ready / seem to give you your share, can take help of court for stay of payment of FD. If Nomination does not exist, write to Bank to distribute full amount among legal heirs after taking required documents.

Rajendra K Goyal (Expert) 08 June 2020
You said:
another bank which had locker is withdrawn without my knowledge of which jewels were to be divided into 4 siblings as per registered will too im her daughter and have 3 brothers bank has kept on hold as i submitted the reg will and i want to know how to prevent bank from releasing to them

Reply:

If the Bank has allowed the operation of the locker after the death of the holder with out preparing inventory before independent witnesses permitted to take away articles of locker, Bank is at fault. Lodge complaint of the Bank Manager. FIR / Claim can be lodged against the Bank.

Rajendra K Goyal (Expert) 08 June 2020
You said:
how to deal with property in this regard .

reply:

Being daughter, you have right on the property which was in the name of your mother.

You said:
.is there a way we can try to settle amicably but also show them that we would not settle for less

Reply:

Take help of relatives, family friends, effective people of the society.

Dr J C Vashista (Expert) 09 June 2020
Which one of the two will(s) executed by the testator is her "LAST" one, shall prevail, irrespective of share specified or its registration / notarization.
Whether the property both movable and immovable)involved in the will(s) is self acquired or inherited and absolute ownership of testator (deceased mother) ?

Rajendra K Goyal (Expert) 09 June 2020
As discussed and advised already latest will would be effetive whether it is registered or not.

You can get authenticity of the will from other side by engaging services of Handwriting expert.

Raj Kumar Makkad (Expert) 09 June 2020
The opinion of the handwriting expert is not conclusive and can never be admitted as per-se evidence hence will cannot be got finalized on that basis.

Raj Kumar Makkad (Expert) 09 June 2020
The Handwriting expert do not possess the unimpeachable character hence the same can form basis of setting aside the disputed will out of the court. Civil suit is the reqirement in the given case and handwriting expert can also be called there as a witness but merely on the basis of the opinion of will, cannever be decided.

Dr J C Vashista (Expert) 09 June 2020
There is very limited evidentary value of hand-writing expert, otherwise, inconclusive and will not serve the purpose.

Dr J C Vashista (Expert) 09 June 2020
The author "mk" has maintained silence and did not submit necessary information.

Rajendra K Goyal (Expert) 13 June 2020
Which of the will is latest, the author has not clarified.

Any further advice possible on receipt of further information from the author.

Raj Kumar Makkad (Expert) 13 June 2020
The author never responded after posting her query. God knows whether she has even read the replies of the experts or not.

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