Legal Advice on transfer of money after death of grandfather.
2 years ago
My father are 2 brothers & 5 sisters. Recently my grandfather expired, he had around 1 lac in his account. Since my grandmother stays with us, there are her health expenses paid by my father. My father thought to use that amount in bank 1 lac for taking her care. He found money will be transferred to wife account in case of husband death only after all hildren consent. Problem is some old dispute going between brothers and sisters take younger brother's side. They are not fine with this thing. Though elder brother and sisters are not in trouble without the money, they are good without it but still everyone is against this proposal. Is there any legal advice I can get to money for grandmother expenses ?
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.According to law after death of your grandfather all the successor have equal rights. Your father can not use all the money without any consent other legal successor.
If your father have to use all the money. They will found a no objection other legal successor.
If your father have to use all the money. They will found a no objection other legal successor.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
All the legal heirs have a rightful claim on the money left behind your grandfather. If you want the money for yourself, then you will need to get the claim vacated by the other legal heirs and a noc from them.
If you like my answer, please rate me.
All the legal heirs have a rightful claim on the money left behind your grandfather. If you want the money for yourself, then you will need to get the claim vacated by the other legal heirs and a noc from them.
If you like my answer, please rate me.
Helpful
Helpful
Share
A.Hi,
Firstly, the money will be transferred by the bank to the nominee as per the bank records. Secondly, all the legal heirs of your grandfather has equal rights over the money, therefore, they can lay a claim on the money. You can only get the money if the legal heirs vacate their claim and you take a NOC from them.
If you like my answer, please rate me.
Firstly, the money will be transferred by the bank to the nominee as per the bank records. Secondly, all the legal heirs of your grandfather has equal rights over the money, therefore, they can lay a claim on the money. You can only get the money if the legal heirs vacate their claim and you take a NOC from them.
If you like my answer, please rate me.
Helpful
Helpful
Share
Sidhaarth
Responded 2 years ago
A.As per law on death of grandfather if grandfather had not left any WILL then all his property shall be equally shared by his children and wife. Your father can avail the amount only if all children give their NIC and relinquish their respective rights in favour of grandmother or your father. Your grandmother can demand her maintenance and expenses from her all children. Being grandson you donot have any right to claim.
Helpful
Helpful
Share
A.The bank will pay the money to the person whose name is provided as nominee with the bank ans then nominee. If your father is the nominee then he will get the money then he can use it for the expenses incurred on your grandmother. But if he is not the nominee then bank will not pay him then you have to manage with the nominee. Anyways the money belongs to all legal heirs so you have to all in confidence while dealing with the money.
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.As you have neither specified about any Nominee to that sum nor specified anything about your grandfather's Will,it is presumed that there was no nominee for that sum as well as no Will also. In such circumstances,legal heirs and heiresses of you grandfather have to apply for Succession certificate in respect thereof and your grandmother as well as each of her children will get one-eighth share therein until and unless they relinquish their sum for the health expenses of your grandmother.
Please take note that the Maintenance and Welfare of Parents and Senior Citizens Act,2007,as amended up to date has been enacted to provide financial security, welfare and protection for senior citizens so all the children of your grandmother are bound to bear the maintenance cost for your grandmother and if they are unwilling to relinquish their share in that Rs one lakh kept by your grandfather, then it is necessary on the part of your grandmother(if your grandmother is a senior citizen having the age of 60 years or more and if she is unable to maintain herself from her own earnings and property), to claim maintenance from all the children through legal notice and in default to take legal steps by filing application before the tribunal constituted for resolving maintenance claims by giving details of the children from whom maintenance is demanded. The tribunal will then issue a notice to the children, conducts hearings and pronounce a maintenance order for your grandmother.
In case there is a failure in making the payment of maintenance as ordered by the tribunal without sufficient reason for three months after its due date, your grandmother can approach the tribunal again.In case of such delay the children/relatives are punishable with fine or imprisonment up to one month which may extend till the payment is made.
Please take note that the Maintenance and Welfare of Parents and Senior Citizens Act,2007,as amended up to date has been enacted to provide financial security, welfare and protection for senior citizens so all the children of your grandmother are bound to bear the maintenance cost for your grandmother and if they are unwilling to relinquish their share in that Rs one lakh kept by your grandfather, then it is necessary on the part of your grandmother(if your grandmother is a senior citizen having the age of 60 years or more and if she is unable to maintain herself from her own earnings and property), to claim maintenance from all the children through legal notice and in default to take legal steps by filing application before the tribunal constituted for resolving maintenance claims by giving details of the children from whom maintenance is demanded. The tribunal will then issue a notice to the children, conducts hearings and pronounce a maintenance order for your grandmother.
In case there is a failure in making the payment of maintenance as ordered by the tribunal without sufficient reason for three months after its due date, your grandmother can approach the tribunal again.In case of such delay the children/relatives are punishable with fine or imprisonment up to one month which may extend till the payment is made.
Helpful
Helpful
Share
Read Related Answers
Sapinda relationship
Dear Client,
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
Is any legal obligation for me to share the property within my brothers and sister
Dear Client,
All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
My parents trying to control my life they want to control me like papate.
Dear Sir/Madam
If you have attained age of majority then you may stay away from your parents with your independent income and intimate them by issuing a legal notice.
Money fraud done by brother
Dear Client,
In the given situation, when you are an independent working woman, nothing can prevent or restrict you from walking out of your home to look for the destiny of your choice. You have the...
Inquiry Regarding Maintainability of GWOP Case
Dear Madam
GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
