Succession Case

Question

► When I was 3 year old my mother passed away we were 3 Sisters and 2 Brothers at that time. After that my Father married to my Mother's sister and after that they have 2 daughter Total 5 daughter and 2 son of my Father . Last year my father (Retired Bank Manager)passed away and now we want Succession with a fair Distribution. My Step mother but wants maximum and is now currently Nominee of Bank Accounts and she already withdrawn some amount.

Answer 1

Dear Client,

According to the Hindu Succession Act, 1956, when a husband dies without executing a will, his property is distributed among his Class I legal heirs equally, which is the wife and all seven children from both marriages. Thus, the property will be divided into eight equal parts. The Supreme Court specifies that the nominee appointed by the bank is only an administrator to act in the name of the legal heirs. Therefore, the wife shall be required to keep the sum withdrawn from the bank in the capacity of a trustee. Inform the bank as soon as possible and make an application for a succession certificate as provided in the Indian Succession Act, 1925. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Succession Case

1 Answer