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wife died without nominating me as her legal heir
26-Jul-2023 (In Property Law)
I was happily married for 2 years and wife died due to corona this year. she has 2 accounts a bank account and a PPF account where she has nominees as her mother before our marriage. Both these accounts are in her home town bank branches. Nominee was not changed to me after marriage. Do I have any right in the amounts held by these accounts.
Nominee in the bank accounts and other instruments like PPF of deceased is only trustee on behalf of deceased to obtain/retain money from bank and post office. But basic duty of nominee is to duly hand over that money of deceased to surviving class one legal heirs, in this case husband I.e. you, my dear, so take your money from your in laws, or file a suit in civil court.
Thanks
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Adv. Rajinder Pal Singh
Delhi | 200+ Answers
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Nominee is just like a trustee, his/her role is to distribute the funds amongst the Surviving Class-I Legal Heirs and you being the husband is a class-1 legal heir to your wife. Therefore, you can definitely claim your share from your Mother-in-law and in case she refuses to transfer the same, you can proceed further by filing a civil suit against her.
For any further legal assistance please feel free to contact.
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Adv. Jia Kapur
Delhi | 200+ Answers
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First of all apply for the surviving member certificate before the concerned tehsildar. Simultaneously you can issue a legal notice demanding your money. As per section 15 (1) of the Hindu Succession Act the property will devolve into the sons, daughters and husband in case a married women died intestate.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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