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BBoth my parents have deceased and my father has left a small inheritance. The legal heirs are myself and my brother.
My father passed away without Will. My Dad had some FD’s on his name and I’m the nominee. Some of the FD’s I’m the joint holder.
My Dad has sent me numerous emails with the details of the FD’s saying take care of it and follow it up and saying your assets are safe.
These messages are not sent to my brother and shared with him either.
It was my understanding that Dad wanted to pass these FD’s to me as an inheritance and also I had taken care of him for the last 14 years after passing of my mother. I live abroad and I used to bring him over to live with me and all expenses was taken care of me and none shared by my brother. My mother had to undergo an emergency brain surgery due to tumour and I incurred a great amount of expenses while she was abroad. None of the expenses was either shared by my brother.After all these traumatic experiences I faced a lot of fallback with my in-laws as they were asking me why all the responsibilities of taking care of my parents physically and financially just with me and not my older brother. Infact after all these incidents my marriage life was ruined and I had no support from my family.
There is also a small property which is reasonably priced in comparison to the FD in value. My brother has taken physical possession of this property.He is asking me to sign a release deed for this property to be transferred to his name.
Now my brother is claiming the FD’s to be a part of the property settlement. Can someone throw some light about such a situation and how to handle it.
Thank you all.
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SIn the absence of a will the rules of intestate succession will apply. All assets will be divided amongst the legal heirs. Nomination does not equal succession. Joint properties are deemed to be equal shares unless specified otherwise.
FD 1 in father’s name of say 100 will have your share as 50.
FD 2 in joint name of say 100 will have your share as 75
Property share will be 50%
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VLawyer from delhi here!
As there is no will, it will be intestate and all the assets will be equally divided among all legal heirs.
Get a legal heir certificate, then get a succession certificate and if your brother doesn’t agree to divide equally, you’ll have to file suit for partition as per the succession act.
Also, if the FD’s are in your dad’s name and you are the nominee then as per banking rules the nominee gets all the amount, so without much hassle you can claim.
Don’t sign anything without consulting a lawyer.
May uncle ji and aunty Ji’s soul rest in peace.
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