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ashish Agarwal   30 August 2020

Nominee after death in case of property

if father and mother both alive and married son death then who nominee of property . His father/ mother/ son/ wife or all are equal percent?


Learning

 4 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     31 August 2020

Immovable property will devolve according to the succession Act of their religion.

If it is LIC, cash at bank etc then it can be claimed by the nominee. 

But remember a nominee is only a custodian of  property and is expected to distribute the property claimed by him to the respective legal heirs of the deceased. 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 August 2020

Whose property you are referring to?

If it is the property of Parent/s, they are free to bequeth the property as they wish.

 

If it is the property of Son, cash in bank, insurance etc shall be dealt with as per the nomination of the deceased. As rightly pointed above, it's the responsibility of such Nominee to distribute shares to other legal heirs.

 

In case of immovable property of deceased Son, if there is a Will, property devolves as per such Will. If there is no Will,  all legal heirs shall get respective shares as per the religion of the deceased Son. 

Dr J C Vashista (Advocate)     31 August 2020

Which religion is being professed by deceased ?

What is the property involved and status of the subject property ?

What is your concern and locus standi ? 

Incomplete information can not lead to form proper opinion and oblige.

 it would be better to seek professional services of a local prudent lawyer for proper analyses, guidance and proceeding.

G.L.N. Prasad (Retired employee.)     31 August 2020

Class 1 heirs namely wife, children, and parents get a priority in case of a male dies intestate.


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