• Banking account - Fixed deposit

My father had a fixed deposit in a government bank of amount 10 lakh. The first name on the FD was his mom(my grandmother) and his was second name. My father used to keep that money aside to take care of my grandmom to avoid family quarrels related to money, so that my grandmom could feel secure thinking she has control on that. But my grandmom passed away last year and unfortunately my father also passed away in 6 months. There was no nominee on the FD. The FD's were on joint name of my grandmom and my father but her name was first. We have submitted the death certificates for both of those to the bank claiming that my mom is the only claimant. My father didn't had any brother or sister but bank is holding us up saying submit documents from other claimants of grandmom. What can we do ? Is there anyway we could provide a proof that my father was the only son. Its hard for my mom as she is senior citizen and has health problems, She needs the money to bear the medical expenses.
Asked 2 months ago in Civil Law from United States

Hi, it is advisable to get the legal heir certificate from court ...The court once pronounce you and your mom the legal heirs , the bank has to accept it and will release the deposit in your favour 

Hemant Chaudhary
Advocate, Gurgaon
4170 Answers
25 Consultations

4.9 on 5.0

Apply for succession certificate of grand mother 

 

2) enclose her death certificate 

 

3) father death certificate 

 

 

4) mention details of FD 

 

5) pay the court fees 

 

6) you would get SC in 6 months time 

Ajay Sethi
Advocate, Mumbai
62505 Answers
3809 Consultations

5.0 on 5.0

1) You have to produce succession certificate from your grandmother name so all legal heirship names can be displayed along with your father's legal heirship.

 

2) Than they can transfer or release the FD's amount to your mother's name.

Ganesh Kadam
Advocate, Pune
6771 Answers
53 Consultations

4.9 on 5.0

Make an application to the court for a Succession Certificate. After obtaining it submit it to the bank and claim over the Fixed Deposit.

Rajkumar Tiwari
Advocate, Vasai Virar
7 Answers

Not rated

1. See your mother can apply for succession certificate before the court and based on same she can claim on property and other heirs of your father like you can give No objection  to mother to recieve the amount.

Shubham Jhajharia
Advocate, Ahmedabad
16161 Answers
66 Consultations

5.0 on 5.0

You can submit your family tree certified for the same showing that your father was only son.  You can complaint to banking ombudsman if they harrass you. 

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

1. Looks like that the bank wants succession certificate as this is the conclusive proof of heirship of your grand mother and your mother.

2. Do note that if you have any paternal aunt and uncle living then the have equal share in the half share of your grand mother as both of your grand mother and your father have have half share in it,

3. Your mother is not the sole heir of the fixed depsit and you or your siblings have also got share in it.

Devajyoti Barman
Advocate, Kolkata
16834 Answers
238 Consultations

5.0 on 5.0

Hi, 

The banks have set established procedure of giving you the money after death of main members. You are required to submit certain documents. Do ask the bank what are documents needed by them. In case of account with no nomination, the surviving members and legal heir certificate are to be submitted to bank. The certificate is issued by SDM of your area. For this you have to apply online and get the verification done. After 10-15 days certificate will be issued to you.

Ganesh Singh
Advocate, Delhi
2928 Answers
8 Consultations

4.5 on 5.0

Please obtain a succession certificate from the competent court or legal heir certificate from the competent authority and then submit your claim otherwise there is no way.

Koshal Kumar Vatsa
Advocate, Gurgaon
1431 Answers
1 Consultation

5.0 on 5.0

1. as the FD was held in joint names, your grandmother and father will have 50% share in the same

2. the legal heirs of a Hindu female [i assume you are a Hindu] are different from those of a Hindu male

3. so the bank is right in requiring to submit NOC of legal heirs of your grandmother

4. in such a case you will have to obtain succession certificate from court 

5. the bank is only exercising its due diligence by not handing over the money to your mom unless it is proved that there are no claimants

Yusuf Rampurawala
Advocate, Mumbai
4022 Answers
17 Consultations

5.0 on 5.0

Apply for legal heir certificate.

Father father is the actual contributor/payer hence none have claim if he were had any siblings. Do you have ration card ? You can process on behalf of mother.

Last resort, succession certificate.

Yogendra Singh Rajawat
Advocate, Jaipur
10437 Answers
9 Consultations

4.6 on 5.0

Dear Sir,

 

- In that case you shall  have to take the court route to get  it solved and complain against bank for harassment.

- Generally in such cases bank ask for indemnity bond to be signed and get it notarized from court for future liability. 

- Still you face any challenge, do submit your complaint to appellate branch of bank. Now days every bank has given the complaint center information on website. 

- Or otherwise hire a lawyer to help to get all the ground level done for her. Incase the matter is related to Delhi-NCR do feel free to connect

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
364 Answers
3 Consultations

5.0 on 5.0

It is mandatory to get succession certificate to prove that you are only legal heir of your grand mother and father. You will have to move in court for to obtain the certificate it is a process of about two or three months.

Mohammed Mujeeb
Advocate, Hyderabad
7695 Answers
3 Consultations

4.5 on 5.0

1. You shall have to collect the legal heir certificate of your grandmother and submit before the Bank.

 

2. Your mother being the sole legal heir  of your garndmother shall have to submit the said fact under affidavit to the Bank.

 

3.Had the claim been for more than Rs.10 lakhs, a succession certificate to be issued by the Court would have been asked by the Bank in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
21993 Answers
570 Consultations

5.0 on 5.0

Until you do not comply with the requirements that are essential to claim the amount you will not be able to avail the same.

You may have to produce a legal heirship certificate  of your grandmother and your father from the revenue department or the tehsildar  or you may have to obtain a succession certificate from a court of law in order to establish there are no other claimants to succeed this intestate amount lying in the bank.

You have to strain a little to avail the benefit. 

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

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