Successor and nomination
Querist :
Anonymous
(Querist) 02 December 2010
This query is : Resolved
IN MY MOTHER'S FAMILY THEY ARE 2 SISTER AND 1 BROTHER. MY MATERNAL GRAND FATHER AND GRAND MOTHER HAS EXPIRED ABOUT 10 YEARS BACK.
MY MATERNAL UNCLE DIDN'T MARRY. HE ALSO EXPIRED COUPLE OF MONTHS BACK.
Q.1) AS HE DID NOT MARRY, IS THE SUCCESSOR OF ALL HIS PERSONAL ASSETS ONLY MY MOTHER AND MY MATERNAL AUNT? OR ANY OF THEIR COUSINS CAN ALSO STAKE A CLAIM?
MY MATERNAL UNCLE HAD KEPT RS 3 LAKHS UNDER THE MONTHLY INCOME SCHEME (MIS) IN INDIAN POST OFFICE AND I (HIS NEPHEW) AM THE REGISTERED NOMINEE FOR THAT POLICY. AS PER POST OFFICE RULES THEY WILL PAY THE MONEY ONLY TO ME AS A NOMINEE.
Q.2) DO I LEGALLY HAVE THE RIGHT ON THAT AMOUNT AND CAN SPEND ONCE I RECEIVE IT? IF NOT, WHAT HAPPEN TO THE SAID AMOUNT AND HOW LONG DO I KEEP IT WITH ME.
MY MATERNAL UNCLE HAD GIVEN HIS PROPERTY BY A REGISTERED WILL IN MY MOTHER'S NAME WHO IS HIS YOUNGER SISTER.
Q.3) NOW CAN MY MATERNAL AUNT STAKE A CLAIM ON THE PROPERTY AS WELL EVEN WHEN MY MOTHER HAS THE WILL IN HER NAME?
KINDLY ADVICE.
A V Vishal
(Expert) 03 December 2010
Assuming you are Hindu, your mother and aunt cannot claim stake in the uncle's property since sisters have no claim and not listed under Class I or class II heirs. However, sisters sons and daughters have right over their uncle's property. As for your Q1, you are only a nominee and not the absolute owner of the deposit amount, you need to share it with your brothers, sisters and your aunt's children. Reply to Q2 is negative, you can spend only your share and Q3 your aunt cannot stake share if it is registered will.
Querist :
Anonymous
(Querist) 03 December 2010
Sir thank you for your advice. I belong to a Hindu family. I just need a clarification regarding my Q#:3
As my mother has the registered will for the property given by my maternal uncle what does she need to do now to get the property in her name. I understand that my aunt can't stake a claim under Hindu Succession Act but can her children, who are class II heirs in this case, make claim for the property even after my mother having the regd will.
Kindly advice.
adv. rajeev ( rajoo )
(Expert) 03 December 2010
Nominee is duty is to only distribute the amount of deceased amongst his legal heirs. So it is your duty to distribute the amount to deceased legal heirs, you cannot claim anything as a nominee.
General Rules of succession in the case of males:-
Firstly, upon the heirs, being the relatives specified in class I of the schedule;
secondly, if there is no heir of class i, then upon the heirs, being the relatives specified in class I of the schedule;
Thirdly if there is no heir of any of the two classes, then upon the agnates of the deceased; and
lstly if the is no agnate, then upon the cognates of the deceased.
When there is a regd., will in your mother name then no body has right to claim in it, if it is self acquired property of maternal uncle.
Querist :
Anonymous
(Querist) 03 December 2010
I understand the duty of the nominee is to hold the fund safely with him till the successor certificate is obtained by the legal heirs and then distribute the amount equally. So it means that till then the amount will be under nominee's custody.
Kindly advice
Querist :
Anonymous
(Querist) 03 December 2010
The property I am talking about was of my maternal grand father. After his and grand mother's death my maternal uncle, my maternal aunt and my mother got the same as class I heirs. Later both my mother and aunt gave away their portion to my maternal uncle as a sales deed. So finally the whole property was taken in my maternal uncle's name. Now half of the property was sold by him. And the remaining half he again gave it to my mother by a registered will.
Now after his death what does my mother need to do to get the property in her name. And in this case can anyone else stake a claim on the property like my maternal aunt's children who are class II heirs of our maternal uncle.
Kindly advice.
R.Ramachandran
(Expert) 03 December 2010
Based on the Registered Will left by your father in favour of your mother, the same has to be got probated and the property has to be got mutated in your mother's name.
No one else [including the sons and daughters, leave alone sons/daughters of aunt/uncle] can lay any claim to the said property of your mother.
Querist :
Anonymous
(Querist) 03 December 2010
Mr R. Ramachandran,
Sir please note that the property belonged to my maternal uncle and he had left the same in her younger sister's name (my mother). My maternal uncle was bachelor and doesn't have any class I heirs.
So does it make any difference for my mother to get the property in her name after having the registered will.
Kindly advice.
R.Ramachandran
(Expert) 03 December 2010
Once a property has been given away by way of WILL, it becomes the private absolute property of the other person to whom the property has been given.
That is why I had given my above view.
s.subramanian
(Expert) 03 December 2010
Mr.Ramachandran is absolutely right.
Advocate. Arunagiri
(Expert) 03 December 2010
As there is a registered will you mother is having all such rights over the property. No body can claim it.
You can receive the money as a nominee and spend as you wish.
Querist :
Anonymous
(Querist) 04 December 2010
Sir as per Advocate Arunagiri as a nominee I can receive the money and spend as I wish, which is contradicting to what other experts said. As a class II heirs of my maternal uncle I am one of the successor other than my brother and 2 children for my aunt.
So kindly advice...
Advocate. Arunagiri
(Expert) 04 December 2010
Just now you are saying that you have a brother. Please give the clear details of your siblings. Even if you have siblings, my previous opinion stands good.
