Immovable Property related Immovable Property related

3 years ago

You
I am married daughter of my diseased mother who was government employee in food corporation of India. Me and my elder brother are child of my mother from first husband on whose death my mother got said job on compassionate ground. During service my mother married a man and has a daughter from second marriage. My mother died due to covid on 05.08.2020. my mother had nominated my elder brother nominee on all her pension and death benefits. She had 7 LIC policies and sbi account in which she also had nominated my elder brother nominee. Am I entitled for my share in these amount being class I legal heirs?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hello,
Yes you are entitled for the equal share in property.
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Anik

Responded 3 years ago

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A.Hi,
Being a co-parcener in a property, you are equally entitled for the share in property.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Madam,
You are entitled for a equal share. The nominee is not entitled for entire amount received by him but he is in the capacity of trustee only for the purpose of receiving amounts and distribute the same among other legal heirs, as per law of inheritance.

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Shyam Gangwar

Responded 3 years ago

A.After the perusal of the facts and circumstances, it is vital to assert herein that you are having the legal right on the entire property which may be movable/immovable assets of your mother. nominee is the custodial right on the property, it does not mean that nominee is only having right on the assets, whereas the nominee has to share the entire assets between the legal heirs equal portion. Catena of cases are there where the nominee is not the owner but only a custodian for the same.
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