• Legal heir and nominee dispute in family

I have a question about the legal heir and succession. We were 4 sisters (all married) , mother (widowed)and 1 brother(unmarried).My brother was unmarried and died in 2015 and he was working in semi govt organisation and had insurances where he has mentioned my youngest sister as a nominee. so All the payouts were received by her. My mother died in 2017 and now there are us the 4 sisters. After my mother’s death my youngest sister claims all the money received as a nominee after my brother’s death.The situation is bit out of hand as after once mentioning about dividing the money and house (left after brother and mothers death), we are not in talking terms and my other sisters are afraid of talking to youngest sister. could you please suggest me what is the law here in my situation and if I have any right on the money received after my brother’s death through my mother’s succession. Please suggest how best I can approach this , nobody left any will in this situation.Also wondering if mentioning as nominee makes my youngest sister a legal heir for my brother’s money and property while our mother was alive ?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Madam, 

From your query, it's not clear as to how and where the youngest sister was nominee in brother's properties or his money. If she was nominee in his job, then she may claim the benefits only arising out of job and not in other properties. If she was nominee in some bank deposits, then she may claim only that deposits and not in other things or properties. There would be 5 legal heirs for brother including mother and 4 sisters.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

Nominee is only trustee for legal heirs 

 

2) your brother did not leave any will bequeathing his share of property to her 

 

3) you can file suit for partition for division of property by metes and bounds 

 

4) claim your one fourth share in property on mother demise 

Ajay Sethi
Advocate, Mumbai
96745 Answers
7804 Consultations

The claim of the youngest sister is absolutely wrong

She was only a nominee of the brother 

So as a nominee she gets to hold the money after your brother as his trustee and she is accountable to all other legal heirs of your brother

So the insurance money should go to the mother and all sisters equally and not to youngest sister alone

The mother's 1/5th share in the insurance money inherited from her son would in turn devolve on the daughters equally after the demise of the mother

Likewise all other assets of the mother would go to the mother's daughters equally after her demise

As the youngest sister has refused to give the share of the sisters, they will have to file a suit against her 

Begin by sending a legal notice first 

The youngest sister has 1/5th share in brother's assets and 1/4th share in mother's assets. She certainly cannot claim full! 

Yusuf Rampurawala
Advocate, Mumbai
7656 Answers
79 Consultations

So far is insurance policies are concerned, the nominee succeeds to the entire policy payout in terms of nomination. The other heirs cannot claim succession to the insurance policy.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. Nominee is only a custodian in Insurance policies and in Bank accounts. 

2. To facilitate smooth disbursement of the deceased person, the Insurance companies and Banks disburse the proceeds to one person, who has been nominated.equ

3.  A nominee has to ensure that all the legal heirs have to be paid equally, unless there's specific written instructions/desire in the WILL executed by the Testator.

4.  In the instant case, in the absence of WILL, after the intestate death of your unmarried brother and mother, all the movable and immovable properties belonging to them, have to be equally divided into 4 parts, i.e., each sister is entitled to 1/4th share.

5.  To get 1/4th share, send a legal notice to your youngest sister for partition, declaration and separate possession of the property by metes and bounds. If there's no positive response, file a case in the jurisdictional Court for partition, declaration and separate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
5384 Answers
329 Consultations

The terminal benefits from the employer shall devolve on the named nominee alone.

However the nominee has no right to retain the entire insurance death claim amount in the capacity of nominee, 

The insurance death claim amount received by a nominee had to be disbursed to the legal heirs of the deceased life assured equally because the nominee in this situation is just a trust to receive the amount on behalf of the legal heirs.

The house property left behind by the mother shall devolve equally on all her children who are the class I legal heirs to succeed to the estates of the decesed owner who is reported to have died intestate.

Similarly the proeprty left behind by the deceased unmarried brother  shall devolve on class II Legal heirs in the absence of any class I legal heirs, thus the four sisters are entitled to an equal share in that property also as Class II legal heirs. 

 

If your sister is not in talking terms or is refusing to give away your legitimate share in the properties, you my first issue a legal notice and then file a suit for partition before a civil court  seeking partition of all the movable and immovable properties of both your brother and mother and to allot one such equal share to you with separate possession. 

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

Nominee and legal heir cannot substitute each other as both are different concepts and appkied in property and money matters.  The youngest sistee is entitled to the money as she is a nomiee and cannot claim ownership of where nomiee cannot be applied.

Regards 

G.Rajaganapathy

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2166 Answers
8 Consultations

1. Nominee is considered as Trustee and not the owner of the amount received by him/her.

 

2. You and all your sisters have the right to claim equal share of properties left by your deceased mother including the said amount received by your youngest sister.

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

You can only have your mothers share in the above circumstances

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

The nominee even after receipt of all money can not usurp it depriving others their due share. 

So you can send legal notice seeking your share. If its refused then you can file criminal case if cheating with criminal breach of trust apart from filing civil suit for recovery of money. 

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

Dear Querist

you may file a civil suit for partition of the property and the money of your brother as Nominee is only the trusty and not the legal successor of the deceased. apart from the partition suit, you may also file an application under Order XXXIX rule 1 & 2 of CPC

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

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