Ananymous. (software engineer) 18 June 2013

Right on property of my un-married uncle

Hi,

My father's brother is un-married and he was residing with us, recently he died due to some health issues.

My father has 5 siblings (4 brothers including the uncle who is dead and 1 sister) , after my uncles death all of my fathers brothers and sister are demanding share in my uncle's property saying that even they have right since my uncle is unmarried.

But my uncle has kept my name as a nominee in all his accounts.

But my uncles are demanding the share saying that they have right on thier brother's(my uncle) property since he is unmarried.

kindly clarify on this.

Reply Follow

4 Replies

Adv Archana Deshmukh (Practicing Advocate) 18 June 2013

Your uncle and aunties are right, they do have a share in their deceased brother's property. If you are a Hindu and the mother of your uncle is already dead then, all the brothers and sisters of your uncle shall have equal share in the property left by him. As far as nomination in your favor is concerned then, a nominee is merely a trustee and he holds the property of the deceased on behalf and for all the legal heirs of the deceased. So, in the absence of any Will in your favor, the property of your uncle will legally go to his siblings only.

Dr. Jyothi Vishwanath (Associate Professor of Law) 19 June 2013

I agree with the expert.

Ananymous. (software engineer) 19 June 2013

Hi,

Ok thanks for the reply, kindly clarify on this too, my uncle has some fixed deposits and he has kept nominee as me for the fixed deposits also. do my uncles get share in them too when they get matured?