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Since 1st March, 1999
 
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LEGAL FAQS

Q: My wife passed away in 2011. In 1986 she had opened a savings bank account, where she had provided the address of her parental home as her residential address although my name (as her husband) was also mentioned. However, no nomination was made. We have an adult son. What should we do to withdraw the money?

Sankar Roy, Madhyamgram, West Bengal

A: Since you and your son are the legal heirs of your wife, you are entitled to withdraw her savings. You will have to apply to the district delegate for the grant of a succession certificate in accordance with the Indian Succession Act, 1925. You have to submit this to the bank.

 

Q:Our parents died intestate. I gifted my share of my fatherís house and agricultural land to my brothers. The gift deed was registered in a court of law. However, I am going through a financial crisis now. Can I reclaim my share of the property?

Deepika Dutta, Calcutta

A: According to the Transfer of Property Act, 1882, a gift may be revoked only under certain exceptional circumstances. However, going by the facts you have stated, there isnít enough ground to revoke the gift.

 

Q:Can the executor of a probated will of a landowner, who has died since, execute a deed of conveyance along with the developers of the property?

Kanak Kumar Das, Calcutta

A: The Indian Succession Act, 1925, has vested wide powers in the executor of a will subject to certain exceptions. An executor of a probated will can execute the deed of conveyance with the developers of the property.

 

Q:My mother was the owner of a flat in a housing co-operative society. After her death I came to know that my brother is the nominee to the flat. My father is alive. Are the three of us the legal heirs of this flat or is it only my brother? Can he sell the flat?

Name withheld

A: The West Bengal Co-operative Societies Act has an overriding effect on the laws of succession. Hence, although you and your father are legal heirs, you cannot inherit the property. It will pass on only to your brother. Once he obtains membership to the society, he will also be entitled to sell the flat.