Civil Procedure Code (CPC)

Legal heirship on the deceased person bank accounts & locker

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My uncle a Hindu unmarried person died intestate, leaving one surviving brother and  the 2 sons of his deceased eldest brother ( Our Father).Whether surviving brother alone or do we, the two sons of the 
deceased elder brother also qualify to claim in joint, as legal heirs for the amount in Bank account and locker contents?

Thanks & regards

 
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ADVOCATE & SOLICITOR divyatta.r@gmail.com

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you are rigth 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
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Hi,  You have to find out whether there is any nominee in respect of the bank account. In the case of Bank locker possibly there will be a nominee.  The nominee has the right for the proceedings of  both the accounts. If not with a valid succession certificate  both of you,viz, surviving brother and  both sons of the deceased brother can make the claim.

 
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As per Supreme Court judgement - Ramchander Talwar vs Dender Talwar - nominees of Bank accounts, LIC etc cannot be beneficieries. They are only trustees and have to pass on the proceeds to heirs as per succession act. In this case the heirs would be as per rules specified in the Succession act.

 
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