Legal Question in Civil Rights Law in India

My mother has expired. Me (elder) and my sister are the legal heirs. We dont have brothers. Mother has left some gold, silver ornaments and bank accounts. For the bank accounts, she has made my sister the nominee. Now my sister is insisting that as she is the nominee she has ownership on all the mother's bank accounts-SB, FD, RD etc., Please guide me how can I go ahead with claiming the money kept in the banks? How can I ensure that all the bank account documents are shared with me. My sister is putting forth an argument that as my mom stayed at her house (we dont have brothers), she is the sole owner of moms assets. How can I lawfully claim half of all my mom's assets.Thanks in advance.


Asked on 3/10/14, 2:04 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

11.03.2014

Dear Madam,

If your mother has left behind her Will, the beneficiaries named in her Will are entitled to own her estate (moveable and immoveable properties). If you sister has been named as the sole beneficiary of all Bank A/cs - SB, FD, RD in the Will, there is nothing you can do to claim half the share therein. Likewise, you solely own all your mother's assets wherein you are named as the beneficiary (in your mother's Will) and sole nominee thereto. If your sister has looked after your mother, being her elder sister, it would be wise on your part to be liberal and moderate in dealings with your younger sister.

Regards,

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Answered on 3/10/14, 10:03 pm


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