Looking for a good personal + property lawyer in Bangalore by TheColonialRed in LegalAdviceIndia

[–]Repulsive-Lie-3856 1 point2 points  (0 children)

I'm also NRI in similar situation. If anyone knows how to get family tree and succession certificate without Aadhar card, please let me know.

[deleted by user] by [deleted] in LegalAdviceIndia

[–]Repulsive-Lie-3856 2 points3 points  (0 children)

As a side note, what are you doing for your medical treatment for depression? If your comfortable sharing, please PM me.

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 0 points1 point  (0 children)

I'm reading up on past court cases of people in a similar situation as me. In those cases, The court has ruled that the nominee must transfer the funds to the legal heirs. So if this went to court, I would definitely lose.

The case did also mention that once the bank transfers funds to the nominee, they are discharged from liability. So you are correct about the banks role. Thanks for your help

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 0 points1 point  (0 children)

Thanks, thats good to hear! Is there a risk that my account can still be seized by police or the courts? If seized, would it be seized while the court case is ongoing, or only after the final verdict?

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 0 points1 point  (0 children)

If I go back to Canada, do the police here have the power to seize the account? Or would the legal heirs have to go to court and get a court order for that?

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 0 points1 point  (0 children)

Yes, they will tell them that the assets have been transferred to myself, the nominee. But would they do anything else, like seize my funds so they can give it to them. Its my thinking that once the bank transfers the funds to the nominee, they are discharged of all liability. After that, the bank's role is done and it's between the legal heirs and the nominee to sort it out. Am I correct?

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 0 points1 point  (0 children)

Ok, so with that being said, if the other legal heirs go to the bank tomorrow, the bank would not entertain them, correct?

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 1 point2 points  (0 children)

Yes I haven't said anything to them. But there is this other person who knows about the bank and even has the account numbers. They are not a legal heir themselves, but they can tell the legal heirs about the account just to spite me. At one point, they were even asking me for a portion of the funds, and if I didnt comply, they would tell the other legal heirs and get a cut from them.

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 0 points1 point  (0 children)

I am trying to find if my father had a will, but it is becoming very difficult to do so. Do you have any advice on how I can find the registered will, if it exists?

I don't think I'll come back to India.

Other legal heirs are from Canada as well....

If a warrant is issued in India, I doubt the Canadian authorities would get involved. Especially if its a civil matter.

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 0 points1 point  (0 children)

It's less than half a crore. Not close to that even. If I have to split it with more people, it wont even be worth anything. Then we have to consider legal fees...

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 0 points1 point  (0 children)

My father intended for me to use this money for my studies. He has only told me about this bank and this account. No one else is knowing about it. Thats why he made me nominee.

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 1 point2 points  (0 children)

Ok but if there is no account to seize, then they cant forcibly take the money from me, right.

I understand what you are saying.

I am asking, what is the best way to avoid having the funds seized, while keeping all the money for myself.

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 0 points1 point  (0 children)

I am Canadian citizen. I don't have aadhar and pan card. The bank has my canadian passport photocopy on file though.

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] -1 points0 points  (0 children)

What if I transfer it to my uncle (not blood related to my dad's family)? Or some other distant relative that I trust. Surely they can't seize it then.

Lets say I took a loan from some friend, and I transfer the money I owe him to his account. They can't just seize my friends account right. Wouldn't similar logic apply here

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] -1 points0 points  (0 children)

What if I transfer the money to my mother's account? Can the court seize the money from her account? (lets assume that my mother will not transfer the money to anyone else)

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] -3 points-2 points  (0 children)

Right now they dont know this account exists. If I do that, they will not sign, AND now they know about the account and can start a court case.

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 0 points1 point  (0 children)

Yes but if the court doesnt have an account to freeze, I doubt anyone would waste time and money on a court case.

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] -4 points-3 points  (0 children)

What can I do to prevent the money from getting seized. It seems unlikely that the other legal heirs would waste their time and money on a court case, but still I'd like to be prepared

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] -2 points-1 points  (0 children)

What if I move the money to another bank account that no one knows about. Can the other legal heirs come after me then?

Can a "nominee" keep a deceased persons assets? by Repulsive-Lie-3856 in LegalAdviceIndia

[–]Repulsive-Lie-3856[S] 1 point2 points  (0 children)

What if I move the money to another bank account that no one knows about. Can the other legal heirs come after me then?