Richik Sinha
Asked November 22, 2016

Rights in property

  • 3 Answers
  • 667 Views

My grandmother has expired. She left land and some money in her bank's account. But she made my uncle nominee in bank account and gave Power of Attorney of property. Though being just two brothers, my grandfather hates my father and wishes to handover everything to my uncle. They've isolated us in the home to mere two rooms. We're in poor condition and cannot afford much. We hired an advocate but his asks for 200-500 and gives zero result. On other hand they are rich and we hear they hire high court advocates who say we'll do it. Q1. Is it possible by any way if grandfather wishes though he doesn't have a penny? What'll happen in this case? Q2. We're seriously financially weak and. So kindly tell what fees is actually charged and how to proceed towards seeking a helpful advocate.

Answers 3

First  of all, what matters is whether the property left behind by the deceased (your grandma) with her husband (grandfather) being still alive,  is an ancestral property.. if it be so, your father need not worry as he gets a share by birth... as being the law of hindu intestate succession... 

 

If the property  and assets be self aquired, its totally in the holder's discretion..

 

Agree Comment 1 Agree about 4 years ago

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Richik Sinha

How to approach a lawyer sir? What are the fees? My dad had a lawyer for another case. He takes 200-300 everytime and resulted null everytime. What & how to proceed?

Agree Comment 0 Agrees about 4 years ago

Thank you for writing to us. 

First we want to convey our sympathies for your loss. After your grandmother's demise, the bank money cannot be automatically absorbed by the nominee. There is a false belief that after the demise, the nominee will get all the money. But the nominee is only a trustee. He or she is responsible to acquire the money and asset on behalf of the heirs. After the former person's death, he or she will distribute the money to the legal heirs as per the will (if left by your grandmother) or the general succession law will apply. But it does not mean that the nominee is now the real owner of the money but he is obligated to distribute the money to the rightful beneficiaries. The importance of nominee is to ensure that the transfer of assets to legal heirs go smoothly. 

 

Firstly you have to specify whether the land is an ancestral property or a self acquired property of either your grandmother or your grandfather. If the property is an ancestral property then the Hindu Succession Laws will be applicable to the property left behind. If it a self acquired property and there is a will left behind then the distribution of land will be according to the will. The answer to your query would be different for both the ancestral property as well as self acquired property. It may also be a joint property owned by your grandmother and grandfather. Kindly share the exact details. 

 

Normally, after the death of the executor the power of attorney becomes null and void. However, in certain cases it will not relinquish if the power of attorney is irrevocable or when the authority is coupled with interests under the Section  201 of the Contract Act, 1872. Hence we need more details regarding the same. In India, it is not so easy to determine the judgement so easily, especially without full knowledge of the facts. With regards to the economic help, we may suggest you to approach the nearest State Legal Aid office. 

However, instead of taking such property matters to the court, it is more advisable to solve them through mediation and negotiations. These methods are cheaper, easier and less time consuming.

Hope this helps you.

Agree Comment 0 Agrees almost 4 years ago

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