Life interest vs remainder beneficiary

By DMAT  a/c you probably mean a/c that pertains to equity shares.

The Bank may believe the following and may agree to pay to Nominee.

If a/c holder and/or all joint holders and/or last surviving joint holder: are deceased then nominee shall become entitled to interest in the shares.

Upon the death of a/c holder and/or all joint holders and/or last surviving joint holder: as per the applicable laws of succession in India, a beneficiary under the will of the last surviving joint holder, if any, will be entitled to the interest in the shares.

Both of above for DMAT a/c , FDR, seem to favor you, since you are both nominee and beneficiary in the WILL.

However you may not flaunt the WILL and obtain proceeds based on valid Nomination.

As in case of WILL the bank may have its procedure e.g; NOC from all legal heir and/or probate from court of pecuniary jurisdiction.

Since you are proceeding for Probate of the WILL, one fine day you may get it.

Thereafter as decided by Probate court of pecuniary jurisdiction, as per order of the court you may be sole beneficiary of the valid WILL (on merits of your case).

However depending upon the workload, also, it may become protracted and lengthy.

Originally posted by : Aks
	Finally, the accountant who was hiding the facts from me until now...admitted that  the DMAT and FDs funds came from father's account.  But possibly due to conspiracy of sisters, accountant and banking clerks...the father's account was magically changed to "either or survivor" But, the mother made me nominee on DMAT and FDs ....therefore he says you being nominee of your mother...will inherit the DMAT and FDs. Accountant is now suggesting that I should approach Axis bank as mother's nominee to get DMAT and FDs transmitted to my name. Do you think by being mother's nominee, I become the owner of the DMAT account and the FDs ? Thank you.  Your insights were very helpful to understand this puzzle.

As already posted obtain the trail and traces of funds from estate of deceased father to mother, then to all a/c's. Let accountant sign everything and appear in court of law/before concerned authority and make statement (or under oath).

Get statements of all a/c's from respective banks etc under proper seal and signature with date.

Obtain authenticated copy of mandate of a/c opening form and amendments ( To E&S).

If required pursue RTI route ( thru regulator) and build irrefutable evidence.

You may reply to all points to which you have not replied.

My impression is that you need and you should engage a very able counsel at your location.

This is from my previous posts:

The estate acquired by WILL is of nature; self acquired.

The proceeds that mother got as per WILL becomes her self acquired/absolute estate.

If she has saved anything from it then it remains her self acquired estate.

If she has created further estate from such funds, then it remains her self acquired estate.

She can dispose such estate by her personal WILL in favor of anyone by a valid deed in her life time.

However she can not dispose the estate narrated in her husband’s WILL, as she was not vested with such power by testator, in his Last valid WILL.

The last wish of testator left in WILL is supreme.
 

This is from my previous posts:

The estate of mother (personal and not from estate narrated in WILL of father) can devolve upon her legal heirs as per personal law that applies in her case e.g; Hindu Succession Laws.

 

Thus WILL ( Handwritten) left by mother may include her absoloute/self acquired estate.

It may not neccesary be invalid (If it satisfies conditions of a valid WILL).

If it is suitable and possible and workable for: You and all Legal heirs of father/Mother: sit around a table and agree on amicable settlement on reasonable and fair terms.

Your counsel may also confirm that; Registered Family Agreement: can be a possibility.

And that once registered it cannot be contested later.

In other words it is; Sasta, Sundar, Tikau.

( Economical, Beautiful, Un-perishable).

It may cost you even lesser than Probate of WILL.

Or equal to or slightly higher than Probate of WILL.

However all of you may save yourself from roaming in corridors of courts of law.

Thus you can also save blood relationship(s) for future.

For amicable settlement all of you will have to sit around the table and discuss.

It may be boring or interesting like Classical Singing and may warrant ingredients of Classical:

Khaincho or Choddo

(Pull and Push…………or Inhale and Exhale)

Interesting perspective !  In Mahabharat, when Pandav brothers property was being robbed by Kaurav gang,  Krishna did not say give up your share ..after all Kaurav are your blood relatives. He said you must go to war..for your legitimate rights.

My sisters have already looted 50% of my families property by making this holographic will about the property which was directly under mother's name. I am not even objecting to that property. My mother was sick and was living with them. So its OK.

These FDs and DMAT are coming from my father's estate. So I am claiming these for my family. By the way, social support is less for me as I married inter-religion and many in the rotten society are internally still hostile towards me.

I know there is no rule of law in India. There is faulty democratic mindset even in legal arena...If one party has 15 relatives on its side and other party has only 4 relatives on its side...that means first party is right...Law doesnot matter !  Its the tribal system ..with blood relations, tribe, caste,community is superior than truth.

Most people in India are still primitive minded and believe in BAHUBAL....what is legal and what is illegal doesnot matter inspite of elaborate British based legal infrastructure.

Lastly, a sister who conspires to rob her brother's home is not sister...in my dictionary she is plain robber (dacoit) ...or blood enemy. Hope lsomeday, India will have rule of law . Freedom from JungleRaj and Goondaraj...is what India needs. 

I have posted enough and in detail  on estate and  WILL of Father and Mother.

Rest is upto you. 

You may check:

IF it is mandatory to probate the WILL at Kolkota then how could your sister succeed in getting the WILL of mother probated without notice to you?

You may also check:  

Even  IF it is NOT mandatory to probate the WILL (at any location) then how could your sister succeed in getting the WILL of mother acted upon and estate transferred  to her  without notice to you?  

 

Sisters have not probated mother's will.  They probably are afraid that the will may become invalid as it says "the assets are my self earned property and my late husbands has no part in this property in the past or in the present"  This is the biggest lie as all assets were earned by father and mother didnot work even for a day in her entire life.

Some new developments in last 2 weeks:  Accountant sent e mail asking 120000 rupees as consultation fee for calling him and asking about father's accounts and latest estate balance sheet. There was never a verbal or written agreement about any type of consultation fee.

Strangely, one of the executors who is going thru financial problems asked to to pay him 10 to 15 lac rupees and he says he will take care of this matter and get the will probated.  Clearly, I am not paying a single paisa to these extortionists.  I am on right side of law and will win..absolutely ..it might take years if they come to contest on false reasons. I can wait.