• Claim for 10+ year old bank desposit of deceased person

Hello-

I have a query regarding the claim of my father's money held in fixed deposit with SBI bank for last 10+ years.

Prior to the marriage of my sister, my father deposited amount in the name of my sister in SBI bank as bank FDs. She got married in Feb 2006 but the marriage did not work out. As she started staying with my parents few months after marriage, my father made some more deposit in her name after her marriage. So in a way, we had some deposit prior to marriage and some immediately after marriage. Later due to the ongoing matrimonial issues, she committed suicide in May 2011.

Since her death, the fixed deposit have not been attended to. They have been getting renewed automatically since then. As the marriage was a troubled one, her in-laws for the fear of legal action, never staked claim and kept on evading us. After the death of my sister, they were booked under various IPC sections as well. However, we never followed the case (due to emotional trauma, wanted to move away from the past), and the case is going still on at very slow pace.

Few years after her death, we reached out to the bank for the amount settlement, which they refused, as she was a married lady and as per legal course, the husband would have the right to claim the amount. They asked us to reach out to court for the claim settlement.

It is my father’s money which he deposited in my sister’s name (most of the deposit is prior to marriage). In last 8+ years since her death, and 13+ years, since her marriage, her in-laws never reached out, either to us or to bank for the deposit (they could never, as it was neither their money and also they were accused in my sister’s death and other matrimonial cases). My sister stayed with them hardly for 5 months.

There is no nomination against the deposits. Just to reiterate, the deposits were made in 2006 year and were renewed in the presence of my sister till 2011. Since then, they are not being attended to.

My questions are:
•	What legal process should I take to claim the amount from bank? Under what section/ clause/ act should I approach the court for the claim?
•	Will there be any 2nd party to this litigation? Do I need to make my sister’s in-laws party to this litigation? I do not know the current whereabouts of her in-laws. 
•	Apart from the court/ litigation charges, is there any % of deposit amount which would be charged/ paid to court for claiming the amount?
•	No one from in-laws has staked claim to the amount (for the obvious reasons). How can I safeguard the money from them legally in future?
•	Do I need a lawyer to file the application or can be it be filed by self? 

Thanks
Asked 1 month ago in Property Law from Gurgaon, Haryana
Religion: Hindu

1.You can seek succession certificate and claim the same. If you are nominee you can claim the same

2.Yes other legal heirs will bring respondent. 

3.No 

4.Once you have sucsession certificate from then there is no issue. 

5. You can file alone but it will be advisable to take lawyer services for better results

Prashant Nayak
Advocate, Mumbai
16659 Answers
30 Consultations

4.6 on 5.0

1.  If your father is alive then he can file a case seeking succession certificate in respect of the successors of his deceased daughter mentioning that her husband was responsible for his daughter's death hence he is not entitled for her money as her class I legal heir. 

Let the court decide the case on merits and documentary evidences filed by your father in support of his claim.

2. Your sister's husband has to be made as a respondent.

Besides, the bank manager also has to be made as another respondent.

3. Yes, the stamp duty has to be paid at appropriate rate.

4. Let the court decide 

5. If you know the legal procedures, you can file it yourself or you can take the assistance of a lawyer.

T Kalaiselvan
Advocate, Vellore
61890 Answers
799 Consultations

5.0 on 5.0

You ha ve to apply for succession certificate from district court . Notice has to be issued to her husband 

 

2)if 

property is inherited from the husband or father-in-law, it would go to her husband's heirs and if the property is inherited from her father or mother, in that case, in the absence of her issues, the property would not go to her husband or his heirs but to the heirs of her father.

 

3) you have to pay court fees depending upon value of money lying in FD 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

You have to apply for succession certificate and produce the evidence of security deposit are with you and you sister left matrimonial home with six months. If do you have any divorce papers or money transferred by your father. So all money should be get back to you as per class II heirs and below laws and citations.

 

Grant of Succession Certificate- Certain Restrictions:
Under the following circumstances, no succession certificate can be granted.
i) under section 370 (1) of the Act, as to any debt or security to which a right is required to be established by probate or letters of administration;
ii) that too, if sections 212 of the Act applies;
iii) if section 213 of the Act applies;
iv) that is to say that where law requires probates or letters of administration as mandatory to establish right to property as in the cases of Parsis, Jews, East Indians, Europeans and Americans.
v) Provided that nothing will prevent as to granting a succession certificate to any person entitle to the effects of a deceased Indian Christian or any part thereto pertaining to any debt or security, that the right can be established by letters of administration.


What does the word ''SECURITY'' mean under the purview of Succession Certificate?
A fortiori, it is very essential to know the word '' Security'' means, any bond, debenture, promissory note, any stock or debenture of , or share in , a company , any debenture or other security for money issued by or on behalf of a local authority, that too, any other security which the Governor -General in Council may declare to be security for the purpose of succession certificate, any annuity charged by Act of Parliament on the revenues of India etc.

How to apply for ''Succession Certificate''?:
i) An application should be made to The District Judge under section 372 of the Act;
ii) the petitioner must sign and verify the petition;
iii) the residences of the relatives and family of the deceased must be mentioned;
iv) In case of The Hindu Succession Act (Act XXX OF 1956), the names of the heirs must be mentioned in the petition;
v) the right of the petitioner should be mentioned;
vi) Either Ordinary residence of the deceased, at the time of death, or the property of the deceased should be within the limits of the Jurisdiction of the Court concerned;
vii) the debts and securities as to which the succession certificate is applied for should be mentioned;
viii) the absence of any impediment u/sec. Sub section (1) of Section 370 of the Act or any other provisions of the Act or any other enactments to the grant of succession certificate or to the validity of it in case of it was granted, must be mentioned.

Effect of Succession Certificate:
To know the effect of succession certificate, it is apt to see section 381 of the Act. The succession certificate simply affords protection to the parties paying debts. It is thus cleat that there is absolutely no adjudication of title of the deceased.

Case-Law:
In the case of Muthia vs Ramnatham, 1918 MWN 242, it was held that the grant of certificate gives to the grantee a title to recover the debt due to the deceased, and payment to the grantee is a good discharge of the debt.'' In the case of Srinivasa vs Gopalan, , it was held that '' The question whether the debt belonged to the deceased is not a matter to be decided on an application for a succession Certificate.'' In the case of Paramananda Chary vs Veerappan, AIR 1928 Madras 213: 82 IC 604, it was held that ''The grant of succession certificate is conclusive against the debtor. Even if another person turns out to be the heir of the deceased, it does not follow that the certificate is invalid.'' In the case of Ganga Prasad vs Saudan , it was observed that section 381 of the Act protects the debtors and affords full indemnity to the persons liable to pay the debts and in respect of the securities covered by the certificate as persons having the same paid in ''good faith''.

Ganesh Kadam
Advocate, Pune
9020 Answers
74 Consultations

4.9 on 5.0

Eventually you are the second line of legal hairs her husband even if she has made suicide is the actual legal here to the amount paid by your father in her name and you don't have any claim till her husband is alive.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6174 Answers
19 Consultations

4.9 on 5.0

See even in case she committed suicide husband is class one heir as she was married husband can seek this amount vide succession certificate since you are class II heir in life of husband since he is there you don't have claim over same.

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
92 Consultations

5.0 on 5.0

Hi, the legal heirs of your sisters ( mother , brother ) can claim the amount ..Since she has no child therefore her mother ,brother/ sisters are the legal heirs to Claim the amount ..Also husband since being accused and the marriage never consummated,therefore cannot be claimed as a legal heir ..The petition shall be filed in court and the bank should be made the party ..

Hemant Chaudhary
Advocate, Gurgaon
4333 Answers
32 Consultations

4.9 on 5.0

Dear Client,

Person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered. But confusion if same rule applies on abatement to suicide ?

Who is nominee ? Nominee can withdraw the deposit.

If you will apply for succession certificate, her husband will be made party, and to you dismay - he is entitle to money.

Don`t go court - manage though nominee. If you will go to court, they will inform and stake claim on assets.

Yogendra Singh Rajawat
Advocate, Jaipur
16678 Answers
21 Consultations

4.6 on 5.0

Dear Client,

You have to move an Application for Releasing FD. Please contact at https://jaswantkatariya.business.site

 

Jaswant Singh
Advocate, Gurugram
628 Answers
2 Consultations

4.8 on 5.0

1. Your father can file case for declaration of ownership over FDs and claim the amount deposited in them. 

2. In this suit your father will pray For mandatory injunction against bank for release of amount on his name in his account as it was deposited by him in the accounts.

3. Court fees will depends on the deposit in the FDs. And litigation charges will depends on the advocate you hire.

4. Yes you need advocate for filing the suit. 

 

Mohit Kapoor
Advocate, Rohtak
6525 Answers
2 Consultations

5.0 on 5.0

If there is nomination in your sisterr's account then money will be claimed by the nominee. If there is no nomination then Bank will pay the money to the legal heirs of your sister and you will have to file claim papers duly signed by all the legal heirs to the Bank.

 

Mohammed Mujeeb
Advocate, Hyderabad
13758 Answers
6 Consultations

4.5 on 5.0

1. You can send the notice to the last known address. You need not go behind all his changed addresses.

If he is not available in the last known address then the court may be requested to serve summons on him through substituted service i.e., by publishing the same in a local newspaper.

2. Until he is not declared guilty of the offence that abetted your sister to commit suicide, he is one of the legal heirs to your deceased sister.

 

3. Your father.

 

T Kalaiselvan
Advocate, Vellore
61890 Answers
799 Consultations

5.0 on 5.0

You will need the address else you need the last known address and paper publication. 

He will still be the legal heir. 

Any of you

Prashant Nayak
Advocate, Mumbai
16659 Answers
30 Consultations

4.6 on 5.0

1. Yes he is still eligible for succession certificate 

2. The suit should be filed by your father for favourable outcome as it was his money which he saved for his daughter. 

Mohit Kapoor
Advocate, Rohtak
6525 Answers
2 Consultations

5.0 on 5.0

You should mention his last known address 

 

2) if notice  is returned unserved you can apply for substituted service ie paper publication in 2 local newspapers 

 

3) he is still eligible . His subsequent marriage is immaterial 

 

4) you can apply for succession certificate 

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

1. You can make him party and write last know address of his , also can seek alternate way of service by publishing in newspaper.

2. Yes.

3. Your father can file for same.

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
92 Consultations

5.0 on 5.0

Mention Last known address and issue notice to him.

yes he is still eligibile. 

Your father. 

 

Mohammed Mujeeb
Advocate, Hyderabad
13758 Answers
6 Consultations

4.5 on 5.0

Give his last known address.

Yes,

Father, brother have no claim.

Yogendra Singh Rajawat
Advocate, Jaipur
16678 Answers
21 Consultations

4.6 on 5.0

For follow up questions. 

1. You need atleast some of his address info to serve them notice. Try getting the address using social media or some other way. Else file without address and court will publish notice in newspapers 

2. No he is not eligible for sucession Certificate 

3. File sucession Certificate in favour of your father 

Thanks 

Rahul Jatain
Advocate, Rohtak
1074 Answers
3 Consultations

4.9 on 5.0

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