The share of deceased shareholders shall devolve equally on all their legal heirs.
Therefore the wife and children are entitled to a share in the monthly rental amount derived out of the property.
Is ancestral property transferable to spouse / bank account transfer
Currently the ancestral property is on rent and the brothers had common account in which rent was coming. One brother died and hence need to transfer the account to his wife, but the nominee is other brother's son. How can the deceased brother's daughter make sure the mother share will come to them if their mom or uncle dies. The property is in Rajasthan
Asked 4 years ago in Property Law
Religion: Hindu
5 Answers
Nominee is only trustee for legal heirs
2) since deceased died intestate property would devolve on his wife and children
3) children can relinquish their share in favour of mother
According to Hindu succession act class I heirs list the sharing distribution will happen and the daughter will benefit from ancestral property.
1. On what basis you call the property ancestral in the first place?
2. If all the co-owners/coparcenors are ready to let the widow of deceased brother take rent in her account then all that needs to be done is an agreement with tenant so that he can put the rent in her account.
3. The daughter can file a suit for recovery of her portion of rent in the civil court if mother dies.
the nominee will hold the rent of the share of the deceased brother as a trustee of the legal heirs of the deceased brother
the rent of the share of the deceased brother should now go to the daughter and the widow
they will have to be included as joint account holders in the joint bank account
but the bank will ask for an heirship certificate or a letter of administration or NOCs from other joint account holders
so with the aforesaid paperwork the widow and daughter can be included as joint account holders
