Legal Question in Wills and Trusts in India
hindu Sucession Act
My marrried sister lost her husband last year. Her father in law, who died a month earlier than his son, has purchased some bonds in his name with son as nominee. As both have expired in quick sucession, will my sister be able to lay claim on those bonds. My brother in law has two brothers, who are alive and are troubling my sister for the property. Pleae suggest, what can be done?
4 Answers from Attorneys
Re: hindu Sucession Act
She should write to the company who issued the bonds to register her name in place of her husband and father in law. She should also get a succession certificate from court to the effect that she is the successor to her husband's estate.
Re: hindu Sucession Act
Since the purchase was made by the father in law, all his heirs are equally entitled to share in the bonds unless there is a will left behind.
One of his son being the nominee would not make him absolute owner of bonds, he merely becomes trustee of the bonds, subject to further division as per succession right.
So as per law, your sister is entitled to share in the bonds though the share of her husband.
What could be done is ask you sister to file suit for partition whether in full or only qua the share in bonds.
You can contact me personally in case of difficulty. Please note that accurate legal action can be adviced only after fully knowing the facts of the case.
Re: hindu Sucession Act
Nominee has merely a right to receive the ammount and then to distribute the same among all legal heir.Since your brother-in - law has expired so your sister is entitled to inherit the share of her late husband.
Re: hindu Sucession Act
only your sister has the right over these bonds. apply for succession certificate from court and then get the bonds in ur sister's name.
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