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Two wills found of deceased mother

Page no : 2

G.L.N. Prasad (Retired employee.)     05 April 2020

The banks in the due course, as per laid down norms for the settlement of the claim in case of a nomination, performed their duties correctly.  You ought to have anticipated such clandestine moves of your brothers when you are aware of the fact that your mother has apportioned jewelry.  

First...Remember that a Nomination is a contract between depositor and bank, and not in between legal heirs as family settlement.

Hence if it is mentioned in a will but not given or closed as per nomination, you have to contact a local advocate and demand for partition of all the properties through notice and take appropriate action.

You can show the copy of wills in your possession and let your advocate decide the validity of that will.

 

mk (xxx)     10 April 2020

can we send legal notice from bombay ? they are based out of tamil nadu how can we settle this sir no knowing the jewellery and FD is withdrawn plz guide

G.L.N. Prasad (Retired employee.)     10 April 2020

Legal notice can be sent from anywhere in India and in the notice, you can demand the co-sharers to provide a self-attested copy of such will and the total claims received on behalf of deceased.  You cannot have the cake and eat it too.   Seeking advice in online forums comfortably sitting during quarantine is not the remedy, entrust this to a capable relative or advocate for expeditious follow up, as there is limitation period for every litigation.

mk (xxx)     11 April 2020

the limitations are national due to national limitations as you are aware sir i am in mumbai and brothers are in tamil nadu 1) one of the banks ,they have withdrawn jewellery as nothing about that bank is mentioned in registered will 2)second bank ,we mailed them and asked them to hold stating i am a legal heir too,but they said as per nomination they have to give.nothing about this bank is mentioned in will too both of the above banks nothing is mentioned in will as accounts are opened after will date 3)there is a 3rd bank about which it is mentioned in will but they say they will check the nomination date and if nomination date is after will date they will give to nominee

P. Venu (Advocate)     11 April 2020

The facts posted suggest that there is no meeting grounds among the siblings esp. the sister and the brothers. As such the only option, in my considered opinion, is to file a suit for partition based on the registered Will. It is for the defendants to plead and prove the subsequent Will. The movable properties, to your knowledge, may also be included in the incorporated in the pleadings and their division on pro-rata basis may be prayed for. 

May be there are limitations in filing the action, but you can commence preliminary steps now itself by engaging an advocate practising in the local court or as per your discretion.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     30 April 2020

The Last Will of your mother is required to be probated to give proper effect.As you have stated that your mother earlier made a registered Will so if you have any doubt regarding the signature of your mom in the last unregistered Will then taking the help of forensic expert,you can examine it. As the registered Will was executed before the Registrar following all the procedural formalities,therefore, its execution can't be challenged but if you have any doubt regarding your mother's signature in the unregistered Will,then you can challenge the same through foresic comparison of both signature.If you are the nominee in respect of the movable assets of your mother,then until and unless the other legal heirs through notice restricted the bank to disburse the sum,the bank can disburse it to the Nominee,however,many Bankers nowadays demand the proof of Succession because nominee is merely a custodian of such movable asset.


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