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What will be my share in bank accounts and shop
18-Jun-2023 (In Property Law)
In the will of my brother who died 3 months ago, the will states that 2 sisters are beneficiary & he has made will for his home only & he has given me 10% share in respect of that property & nothing has been mentioned in respect of other assets like Bank Account, other shop etc. We are 2 brothers & 2 sisters. The nominee of Bank account of deceased is my sister. He has allocated 40% to 2sisters, 10% to other brother & 10% to me & remaining to Temple. He has made will for one property only & not for other assets. What will be my share in respect of Bank Accounts etc & for shop. Is there any legal remedy??
the will has to be probated to realise the share and for properties on which the will was not written the succession will take place intestate and you can then claim your share in the court and the partition take place
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Adv. Mukesh Choudhary
Delhi | 100+ Answers
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since everything that your brother owned was self acquired, there is no question of you getting any share unless he doesn't have his wife, children, father and mother i.e. any immediate heirs or he has expressly allotted any share to you. However, for that to be the case, certain other questions need to be answered first.
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Adv. Rhea Luthra
Delhi | 100+ Answers
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Will is operative only on the property which is mentioned under the will. Rest all the property will depend upon yhe respective succession act and share with respect to other properties will be legally determined through succession act. Also only the self acquired property can be transfered though will and not the ancestral property. Thr are lot of legal remedy to get your legal right according to section 8 and 9 of the hindu succession act the property is divided between class I heirs of the person who has died intestate.
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Adv. Abhishek Singh
Delhi | 25+ Answers
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