Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shivedh   25 January 2015

Grandson's rights in grandfather's property

Dear Experts,

My father expired a month ago and he has an bank account which has his lifetime income including the PF, amount received after selling a house in UP.

My mother as the legal hier and claiment has applied for the bank account money and other that her we are two brothers who have submitted the DISCLAIMER/NOC for transferring account money in our mother's account.

But, my younger brother's wife has sent bank an application on behalf of my brother's 2 year old son claiming that my brother's son also has a share in his grandfather (my father) savings bank account money.

Thus, kindly help me in answering my below queries:

1) Can my brother's wife file a claim for a share on behalf of my brother's 2 year old son.
2) Till now my brother and his wife are living separately due to personal issues but ARE NOT DIVORCED YET. Even NO DIVORCE have been filed yet. So, in this condition can her ask for her father in law's (my father) bank account money?
3) My mother is the legal rightful successor of my father and she is the only one to receive this amount as we (me & my younger brother) have submitted the DISCLAIMER? 

KINDLY ADVICE



Learning

 11 Replies

Venkatesh Naidu Akula (advocate)     25 January 2015

If u r governed by Hindu Law, u, ur brother & ur mother jointly inherit ur father's estate including money in the absence of any written arrangement by ur father during his lifetime. Ur brother's son cannot claim the same in the absence of nucleuos of joint family among u.

Mohanraj (Assistant Manager-Legal)     26 January 2015

Kindly check whether any nominations made for the monies in your father's bank account that will solve the issue with more effectively

pongalurmohan

shivedh   26 January 2015

hi... no nominee in the bank as the account is an old one...

Mohanraj (Assistant Manager-Legal)     26 January 2015

Is there any Will either registered or unregistered found executed by father?

if no, then you along with your mother and brother will succeed your father's monies

grandsons nothing to do with grandpa's property when their father is alive

shivedh   26 January 2015

Hi Mohan.... no will registered...

Mohanraj (Assistant Manager-Legal)     26 January 2015

We can claim the amounts directly 

GANDHI MOHAN BHARATI (Pensioner)     26 January 2015

If the monies are of an HUF, the minor has a right arising out of the minor's Father. Any error on the part of the minor's Father can definetely be challenged. However, if it is the money of self earned character, the claim of minor is unlikely to succeed. I t is a question on which varying judgements of various High courts are available on the net..

Kumar Doab (FIN)     26 January 2015

Repeated query:

 

https://www.lawyersclubindia.com/experts/Grandson-s-rights-in-grandfather-s-property-519946.asp

Dr J C Vashista (Advocate)     27 January 2015

Check the reply on your original thread, repeated query.

shivedh   27 January 2015

Vashista Sir.... sorry but can't find your reply on my thread... can you plz re-post...

T. Kalaiselvan, Advocate (Advocate)     28 January 2015

Dear querist:  You have posted this query in the experts column too wherein many experts have given their valuable opinion to you.  Even I have given my opinion.  You may visit the original thread for knowing the opinions of the experts to your query.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register