Related succession
2 years ago
Sir, recently my aunt Mansi died by heart attack she was unmarried and she had no child nothing but in her all savings account she nominated my mother but my Mama is claiming in the name of nani so can you please suggest what We can do against them.
A.Dear Sir,
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
As the nomination is your mother and she was unmarried and has no child, it is valid and can not be changed by your mama into your nani name. There is nothing legally they can do for changing it.
Thank you.
Advocate Sinjari Bandyopadhyaya
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