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Who can claim property of unmarried sister


25-Oct-2023 (In Property Law)
My wife who is youngest among 4 sisters and one brother. My elder sister-in-law (unmarried and no legal heir are there) was expired leaving her house and land on her name without any will and Term deposits with nominations. 1. Who are the legal heir for my late sister-in-law's property, (father-in-law and mother-in-law were already expired before her). 2.Term deposits got accounted to the nominees (children of all 3 sisters). Will this have any legal validity or any legal repercussions? 3. whether all sisters and brother gets equal share of property. 4. How to solve this, because my brother-in-law is asking equal share in term deposits as well which are already got accounted into nominees account. (This i am writing on my wife's behalf, who is the youngest amount the remaining sisters and brother, all are got married). Kindly advise.
Answers (1)

Answer #1
571 votes
Hi
Legal heirs for your sister in law are
a) your wife,
b) 2 surviving sisters and
c) 1 brother.
All 4 of them will get equal share of properties( house, land and term deposits) left behind by your sister in law.

Nominees are not legal heirs. Nominees are trustees who are required to transfer the money to the Legal heirs.

However in your case, since the nominees are children of legal heirs and assuming children are minors, it can also be argued(please note it is only an argument and not legal position of law) that the nominee's are de-facto beneficiaries of the Term deposit.
Since the nominees are minor's and technically nothing can be done about it, alternatively you can allocate to your brother in law an additional share of land/house to avoid litigation.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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