Assets distribution after my brother's death
2 years ago
my deceased brother has surviving wife, son and my mother father. He has two flats. However he and his wife mutually agreed for a separation and therefore exchanged gift deeds so that both flats solely owned by them. His bank account has my mother as nominee.
Now .. how should his assets be divided? Will it be in 3 equal parts .... his wife, his son and my mother? Or 2 equal parts i.e. his wife and my mother?
Although his wife's name is removed from other flat (which is on my brothers name) ... will she still has legal share in that property?
Please help.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.You have not specified about Divorce of your brother BUT ONLY separation so in absence of any Will of your deceased brother,his mother,wife and son have equal share in his properties,each having undivided one-third share therein.
Please take note that Nominee is mere custodian of assets of the diseased person,so if your deceased brother's wife and/or son file/s Succession case,then the Bank cannot disburse the sum to the Nominee.
Although his wife's name was removed from other flat (which was in your brother's name),his mother,wife and son have equal share in his properties,each having undivided one-third share therein. and on the basis of Legal Heir Certificate their names can be mutated in the Record of Rights in the place and stead of your deceased brother.
Please take note that Nominee is mere custodian of assets of the diseased person,so if your deceased brother's wife and/or son file/s Succession case,then the Bank cannot disburse the sum to the Nominee.
Although his wife's name was removed from other flat (which was in your brother's name),his mother,wife and son have equal share in his properties,each having undivided one-third share therein. and on the basis of Legal Heir Certificate their names can be mutated in the Record of Rights in the place and stead of your deceased brother.
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Sidhaarth
Responded 2 years ago
A.Was there any divorce through court dissloving the marriage of your brother? Who gifted which property to whom? Were those two flats were in joint ownership of your brother and his wife? If flat flat was already gifted then gifted property shall exclusively belong to the person i.e. wife of brother and the same shall not be subject to any division or partition. Rest property of brother be it movable or immovable shall be divided in three equal portions among his son, wife (if she is not divorced from court) and mother. Being nominee your mother is entitled to receive money but she is bound to give share to his wife and son.
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Tanmoy Chattopadhyay
Responded 2 years ago
A.In case your brother has died interstate and you all are guided by the Hindu succession act then the property will be divided into three equal parts with your mother getting one share. Subject to the separation deeds content it ordinarily won't come in the way of the wife claiming share in the flats which is in the same of her husband. Separation will ordinarily not change or impair her right to inherit under the law.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Sir
The property would be divided equally among all the legal hiers. The mother child and wife would get equal share. If the the child is minor then his share of the property could be given to his guardian. Also the asset in the bank would be given solely to mother as she is the nominee after the death of your brother.
Thanks
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The property would be divided equally among all the legal hiers. The mother child and wife would get equal share. If the the child is minor then his share of the property could be given to his guardian. Also the asset in the bank would be given solely to mother as she is the nominee after the death of your brother.
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A.Hello Sir
The property of your deceased brother would be divided according to the Hindu Succession Act. All the legal heirs would get equay shares. The mother is the nominee in the bank therefore all his Bank assest could be claim by his mother and rest of the property would be divided equally.
Thanks
Please rate if you find this advice helpful.
The property of your deceased brother would be divided according to the Hindu Succession Act. All the legal heirs would get equay shares. The mother is the nominee in the bank therefore all his Bank assest could be claim by his mother and rest of the property would be divided equally.
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Please rate if you find this advice helpful.
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Adv . Shirish Patil
Responded 2 years ago
A.As the ownership of the flat is transferred by way of gift deed to each other, the flat which is in the name of his wife,she get sole ownership of that flat. regarding the flat of which your brother is owner , regarding it his wife,son and mother will get the right.
Regarding the bank amount same situation.
( They are not legally separated therefore this criteria arose )
Regarding the bank amount same situation.
( They are not legally separated therefore this criteria arose )
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