• Money in bank account without nominee

We are 4 sisters including me I stay in Mumbai and other 3 sisters live in allahabad. My father had 10,65,000 in bank account without nominee.
My other 3 sisters are claiming that they will take the money without my consent and leaving me without my verification.
Asked 1 year ago in Property Law from Allahabad, Uttar Pradesh
Religion: Hindu

Dear Client,

Bank can`t release money without succession certificate or Legal Heir certificate which will issue in the name of all four and equal distribution. 1/4th each.

Inform the bank and surviving legal heirs.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

Dear Concern,

Please note that there can be no question of claiming the money without your consent, as it is illegal in the eyes of law. In case, the father has left a will, etc the money remained in the account goes to the concerned person whose name appears in it. Whereas, in absence of it , as probity would guide it the said money should be divided amongst all equally.

Mayank Sapre
Advocate, New Delhi
253 Answers

5.0 on 5.0

You can file your claim for the same as well.

Mayank Sapre
Advocate, New Delhi
253 Answers

5.0 on 5.0

They cannot collect the amount without your consent, the bank wont release the fund till NOC or presence of all the legal heirs is there, or the bank shall ask for a succession certificate in which you need to be made party.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

This can not be done without consent of other legal heirs, part withdrawal shall not allowed but only by illegal means.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

Write a letter to the bank attaching death certificate of father and requesting that till the time you along the legal heirs is not present any fund should not be disbursed or you have to take an action through court.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

Write an application to the Bank Manager that the bank must not make any payment to your sisters without taking your consent.

Thereafter, you must initiate a proceeding before Administrative General at High Court, Allahabad to a Letter of Administration relating to the deposit with bank. You may take help of me as i'm practicing at HIGH COURT, ALLAHABAD. I want to assure you that no one can take the payment of any deposit with bank without your consent.

Raj Kumar Mishra
Advocate, Allahabad
64 Answers

4.0 on 5.0

as per law they cant take your father money without obtaining a legal heirship certificate. if they do so you can easily get back your share on your father money by filing a suit.

Shiva Bharathy
Advocate, Chennai
76 Answers
1 Consultation

4.0 on 5.0

Hello

The money in the account cannot be taken out without the succession certificate which shows the legal heirs after your father. The advocate is misleading you. They cannot do it.

Regards

Rahul Mishra
Advocate, Lucknow
7913 Answers
15 Consultations

5.0 on 5.0

Your consent is necessary to withdraw money lying in father bank account

2) write to bank manager not to disburse funds lying in bank account without your consent t

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Bank will not disburse funds to legal heirs without your consent

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

1. First of all inform the Bank that your father has died sending it the copy of his death certificate and also asking the bank not to disburse the amount left by your late father in his account or any part thereof to anybody without your written consent.

2. Up to Rs.10 Lakhs, PSU Banks allow withdrawal and partition based on legal heir certificate and beyond Rs.10 Lakhs, all of you shall have to obtain Succession Certificate from the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

1. Write to the Bank as advised in my earlier post and stop withdrawal from the said account without written consent.

2. Thereafter nobody will be able to withdraw any amount therefrom.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

When there is no nomination in the account, the balance is paid to all the legal heirs..

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

Based on the reports and verification, the Tahasildar issues the legal heir certificate.

without your consent they cannot claim.

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

Hello,

You must file an injunction about the same . But a letter to the bank for not releasing any money from the bank will suffice . Bank will not disburse the amount until you or any of the claimant provide succession certificate.

Regards

Swarupananda Neogi
Advocate, Kolkata
1626 Answers
4 Consultations

4.7 on 5.0

Firslty, as you have stated in your query that others are showing their right over the property without your consent.

Secondly, you all need to get the legal hire certificate from the Tehsildaar of your district for which if you are not there then you NOC would be requir d by then to claim your right as their right.

Thirdly, I advice you to file a suit for permanent injunction from de- sealing of the bank account till the time your share also not be decided by them in their suit by making a party in that suit also.

Sanjay Baniwal
Advocate, South Delhi
5209 Answers
12 Consultations

5.0 on 5.0

If there is no nominee then they can not take the same without a succession certificate issued by the court

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

Write a letter to the bank and inform them to freeze the account as their is dispute between the legal heirs.

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

Both are wrong.

Please write a letter to the bank to freeze the account till there is no succession certificate only on the production of the succession certificate bank bill issue the amount in favour of the claimants.

If you have any problem you may contact me

Vimlesh Prasad Mishra
Advocate, Lucknow
6371 Answers
20 Consultations

4.9 on 5.0

Hi, it is advisable to file a civil suit for permanent injuction in order to restrain them from taking the money

Hemant Chaudhary
Advocate, Gurgaon
4458 Answers
34 Consultations

4.9 on 5.0

1. Serve a Proper Restraining Notice and additionally a Caveat to the Bank, against disbursement of the deceased accounts balance, without your written consent. Bank CANNOT settle "PARTIAL" claims from the deceased accounts.

2. Also periodically file a Caveat in the local jurisdictional civil court, praying that any such matter may not be decided before hearing you.

3. File Civil Suit for claiming your share of amounts from the deceseads bank accounts and other assets.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
4307 Answers
23 Consultations

5.0 on 5.0

You can send a legal notice to the Bank manager about thuis intimating the death of your father and not to disburse the money to anyone until the succession certificate is produced, you may apply for succession certificate and on submission of the same to the bank, you may get your share alone.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

The other 3 sisters advocate is saying he will take the money of the account and leave our remaining money in the account and then we have to struggle to take it.

You also engage the services of an advocate and issue a legal notice to the bank in this regard as suggested.

They cannot take away the money just like that.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

You will get your share in money. Bank will ask them legal heir certificate or succession certificate to verify their claim.

So no need to worry. You can go to bank and let them know that you are also a legal heir.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

This is my response to you:

1. Obtain the legal heir certificate;

2. You also have a claim on it;

3. If the 3 sisters take their claim then fine;

4. The rest should remain for you;

5. You can anytime withdraw it;

6. If they take more than required then you can send a legal notice;

7. If there is any more issue, then file a suit for recovery against them.

Gowaal Padavi
Advocate, Mumbai
1917 Answers
3 Consultations

5.0 on 5.0

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