Claim for 10+ year old bank desposit of deceased person
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?
Asked 9 months ago in Property Law
Thank you for all the responses.
Couple of follow up questions:
1) Most of you mentioned that I have to make the husband of my sister as respondent. However, I do not know the whereabouts/ address of him. What will court do in such cases to make the notice reach to him?
2) My sister's husband got married to some other female post suicide of my sister. Is he still eligible for the sucession certificate?
2) Who do you recommend to file for succession certificate for more favorable outcome- my father or myself (brother of deceased)?
Asked 9 months ago