Legal Question in Family Law in India
I(1st) and my grandmother(2nd) is half half nominee of the some fund of my late grandfather.
My grandmother has given no objection to the bank on the disbursement of the fund and it has been transferred to me.
Now my question is:
1. Can my father and uncle claim total money?
2. Will total amount be divided among my father, uncle and grandmother?
3. Will only my grandmothers portion be divided among my father and uncle?
4. Can my uncle claim my portion also, then what will be my role?
5. If I deny to give my portion, can my uncle file criminal proceedings against me?
3 Answers from Attorneys
The money in the hands of the nominee is merely in a trust and it has to be divided amongst the legal heirs of the deceased in accordance with their share as per law of inheritance.
The legal heirs may claim it from you and you may be burdened with the cost of litigation as also damages; even a criminal case can be instituted against you if you do not deliver the money to the legal heirs.
The nominee is just like a custodian it will be divided according to the personal law.
as the money that you are in possession is a joint family proceeds, all the legal heirs including your paternal uncle, have equal share in that and they can claim it through court of law.
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