Civil Suit File
3 years ago
Dear Sir / mam
My wife want file case against her younger sister as she is nominee everywhere and not ready to give legal heirs share to wife. As you guide me before this, if I want seal moveable (money )asset & immoveable asset we have to file Civil Suit against her to seal everything on immediate basis but our lawyer said this is not possible on immediate basis. After filing Civil Suit 3-4 years will pass to clear the case also for sealing everything long time will go. Is it? Please help me what request should we do to our advocate to take fast action.Our other which case can file against her to seal everything.
A.Dear Sir,
First get stay order by approaching Civil Court.
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First get stay order by approaching Civil Court.
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A.Hi,
It is added to your knowledge that a nominee is somebody who will receive the asset upon the death of the owner/holder. A legal heir means any person, male or female, who is entitled to succeed to the property of a deceased person under a will or as per the succession laws.
But at the same time, a nominee cannot claim for the ancestral property. Therefore, your wife is entitled to get her share in her parents property as a legal heir despite of your sister being a nominee.
If you like my answer, please give a positive review.
It is added to your knowledge that a nominee is somebody who will receive the asset upon the death of the owner/holder. A legal heir means any person, male or female, who is entitled to succeed to the property of a deceased person under a will or as per the succession laws.
But at the same time, a nominee cannot claim for the ancestral property. Therefore, your wife is entitled to get her share in her parents property as a legal heir despite of your sister being a nominee.
If you like my answer, please give a positive review.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
A provision was introduced in the Insurance Laws (Amendment) Act, 2015. If an immediate family member (parents, or spouse, or children) is made the nominee in the insurance amount, then the proceeds will go to the intended person. Legal heirs will not have any claim on the money.
In simple words, a nominee is somebody who will receive the asset upon the death of the owner/holder. A legal heir means any person, male or female, who is entitled to succeed to the property of a deceased person under a will or as per the succession laws.
But in the case of ancestral property, All family members get equal share of ancestral property in accordance with law, thus a nominee cannot exercise his right on ancestral inherited property.
If you like my answer, please give a good rating.
A provision was introduced in the Insurance Laws (Amendment) Act, 2015. If an immediate family member (parents, or spouse, or children) is made the nominee in the insurance amount, then the proceeds will go to the intended person. Legal heirs will not have any claim on the money.
In simple words, a nominee is somebody who will receive the asset upon the death of the owner/holder. A legal heir means any person, male or female, who is entitled to succeed to the property of a deceased person under a will or as per the succession laws.
But in the case of ancestral property, All family members get equal share of ancestral property in accordance with law, thus a nominee cannot exercise his right on ancestral inherited property.
If you like my answer, please give a good rating.
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