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Raja   08 March 2017

Legal heirs versus nominee significance on property and wealth.

This is to bring into your notice that. Mr.Ram Singh died while serving as a govt employee. His wife was the nominee for claiming the terminal benefits (PF, gratuity, lic, medical claims, leave encashments etc) so did she received it properly without any hassle. Ram Singh when alive had put and public notice that due to the fact that his son Mr X and daughter in-law Ms Xy has filed a 498A (dowry case) against father and mother. He wishes to remove/evict/bedakhal his son from his life, society and all belongings of property. Later on there was reconciliations done amd Mr X (son) along with Ms Xy accepted in front of Hon. Civil Court that all his allegations were false and he had charged dowry claim just as a step out of temperamanet. He was pleading to be forgiven for his deed. However his intentions were still not good and he wanted to grab all his father's belonging. But mother Ms Lata could understand his wrong intentions very well. Therefore she has now decided NOT to give a single penny from the wealth that she inherited as a nominee from Mr Ram Singh. She wants to rather donate everything to a trust/temple/orphanage or to any other needy relative.

The whole idea is to remove Mr X and Ms Xy from each and every belongings.

Can she do it ? What could be the implications as per any civil act. She has few immovable and movable properties as a title holder.



Learning

 14 Replies

Kumar Doab (FIN)     08 March 2017

The para on reply of Son in court is not clear.

 

How are you related with this  matter?

Did deceased father leave any valid WILL?

 

1 Like

Raja   08 March 2017

Reply of Son on court - He said whatever charges that he had put on his parents are baseless and he requested forgiveness for this wrong deed.

I am just helping out as a friend.smiley . I am not a laywers hence seeking your help here.

No Will was prepared , He died intestate. 

Kumar Doab (FIN)     08 March 2017

The employer has made the payment by valid nomination to Nominee.

 

 

Kumar Doab (FIN)     08 March 2017

You are helping whom: Mother or Son!

Kumar Doab (FIN)     08 March 2017

It appears from names posted by you that all are HIndu.

Confirm!

Generically speaking: NO one has forced share in  self acquired estate of mother.

She can dispose it in her life time in anyone's favor.

 

Kumar Doab (FIN)     08 March 2017

Despite the statement of son in court the relations are strained.

Parents usually do not discriminate.

The son and daughter in law may serve the aged mother sincerely and genuinely; in her sunset years and perform their pious duty.

Parents usually pardon.

Mother may change her mind and may give her estate to son or grandchildren by her free wish and will.

 

Raja   08 March 2017

I am helping out the Mother, yes Hindu.

But terminal benefits and immovable porperty were are not self aquired? I believe it was deceased father's earned property/wealth. It has been inherited post death.

She wants to give her all property to any trust/younger son, by a WILL, Can this will be probate by the elder son and the elder one may get a favorable decesion, what is the significance of a Public Notice which was given on a national newspaper when the deceased was alive

please clarify.

shrenik (lawyer)     08 March 2017

Ur property is self earned by deceased So mother can do what ever she wants

Raja   08 March 2017

Originally posted by : shrenik
Ur property is self earned by deceased

So mother can do what ever she wants
 

Dear Shrenik,

Do you mean to say porperty was self earned by deceased therefore wife of deceased can sell/gift as per her wish and legal hiers cannot claim it ?

Raja   09 March 2017

Please advise dears

Kumar Doab (FIN)     09 March 2017

The mother may sell everything.

She can spend her sunset years away from anyone at any location of her choice.

 

 

1 Like

Raja   09 March 2017

Thanks Mr. Kumar for you valuable inputs.

It means that - the son has no share on a deceased father property if living mother doesn't wants to give.

But if that is the case, is it not violating any sections as per hindu succession act 1956 ?

Please throw lights

 

Kumar Doab (FIN)     09 March 2017

“what is the significance of a Public Notice which was given on a national newspaper when the deceased was alive”

Check and confirm if the deceased signed any document before, during, after the publication that can be as good as  valid WILL.

Beyond this discuss with a very able counsel specializing in succession/civil matters, at your location, in person.

shrenik (lawyer)     09 March 2017

Yes mr raja perefect

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