• My blind father fix deposit ten lakhs and sb balance 12000 my father nominee in bank my step mother

My blind father account with state bank of india .fix deposit 1000000 and sb balsnce 120000.in bank my father nominee my step mother.My father died on 11/04/2018.my step mother transfer fix deposit and bank balance her name on 18/05/2019.I am elder daughter and three sons of first wife of late my father.my father give us bank details but misplace.I have ask for all detail through RTI but bank not given as per section 8 (1) j this personal information of account holder.we four one daughter and three sons legal hiers.How we can get share of my father fix deposit and sb balance.
Please guide us
Asked 4 years ago in Civil Law

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18 Answers

Nominee is only trustee for legal heirs 

 

file suit to claim share in fixed deposit and money lying in bank account 

 

seek orders to direct deposit of said amount  in court 

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

Nominee is a mere custodian of the monies. File complaint agasint her to police that she misappropriated funds on your father which on his demise inherited in all equally.   All have 1/5th share each and she can only retain her 1/5th share. 

Lastly have to file suit of partition if no solution on police complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

File a 420IPC complaint against step mother. Than she will disclose the amount and all. Later you can compromise with the amount.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Nominee for a bank account is only for the purpose of relieving the bank of the responsibility of giving the money. So they basically handover money to the nominee and their responsibility is over. But It does not make the nominee the owner of the money. The nominee only holds the money in trust and as custodian for all the legal heirs who have a rightful share in the money.

If she has not already withdrawn the money immediately file a suit against the bank making your step mother a party and seek injunction order from the court restraining the bank from giving the money to your step mother. This will be for damage control. The ground you should give is that if money is given to her she will use up everything and it will be difficult to recover. Engage a seasoned lawyer and hopefully the court will grant ad interim injunction on the first hearing.

There after you can either amicably settle matter with your step mother and if she does not agree then file a another suit to get your share of the money but since you would already have claimed injunction your money will be safe.

 

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

Please file partition suit before Civil Court and make your Brother sister as Plaintiff and your step mother along with State Bank of India as Defendants for Division of property amongst legal heirs of your late father.

The Court would pass appropriate decree of division of property amongst all legal heirs equally as per Hindu Law. 


You have to file partition suit before the court under whose jurisdiction the State Bank is situated. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

If your father has PAN account then through CIBIL records you can get all details about it.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

- Legally , the bank is not bound to share the account details to other person , except a nominee of the account. 

- As per law, after the death of your father without leaving any WILL , his property /assets would be devolved upon his legal heirs i.e to existing wife, and children . 

- Hence, legally being the legal heir , you and three sons of first wife is also having right equally over the amount left by your deceased father. 

- You should send a legal notice to your step mother for dividing the said amount of the bank , and further send a legal notice to the bank also to stop any transaction from the account of nominee where the amount was transferred from the deceased account. 

- Further, if no response, then file a suit for Partition and rendition of accounts.before the court. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

Hello,

  1. If your father has not left behind any Will, the properties have to be divided equally among you and his second wife.
  2. You need to file a complaint with the bank against having transferred the fixed deposit and bank balance after the death of your father without any notice to the children.
  3. You can ask your step mother to share the money with you on equal terms through a legal notice and if she fails to do so file a suit against her in a civil court for fair distribution of the funds.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

If you show yourselves to be legal heir of the a/c holder then the bank can not take resort of exemption u.s 8 of the RTI Act.

So it is a fit case where you can prefer an appeal to know the answer of your RTI Application.

If appeal fails then file writ petition in high court.

Nominee is only entitled to receive the money and thereafter bound to divide the money among all the legal heirs in equal share.

So you can claim your due share form your step mother by filing a suit for partition. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

1. File a proper petition in the local Civil Court, against Step-Mother and Bank and file your claims with whatever documents is available with you.

2. During Court proceedings, the Bank will file all records in court and from there you can proceed to claim your share in the declared documents.

3. All you legal heirs also can file individual or joint application for claiming your share ratio in Father's property.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You need to submit his will of any other succession certificate or legal heir certificate as the case may be 

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

If your father made his 2nd wife the nominee then i am sorry but she will get all the money. You cannot lay a claim as she is the nominee.


If you are also a nominee then you may move the court and obtain a succession certificate. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You issue a legal notice to your step mother demanding to distribute your share out of your father's amount she had taken away in the name of nominee. 

Nominee can only be a trust to receive such monies on behalf of the legal heirs.  She cannot grasp the entire amount by herself. 

You can file a money recovery suit subsequently. 

The court will come to your rescue to procure the details of the deposit amount by issuing a direction to the bank manager if you file an application seeking the details in the same suit. 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

1. Nominee is just a trustee of the deceased who is under a duty to realise the assets and divide it between heirs.

2. You can issue a legal notice to the nominee seeking settlement of the amount, and if she does not do it then a suit for recovery of money can be filed in the civil court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi

1) The nominee is only a trustee and your step is expected to distribute the monies lying in fixed deposit and SB balance to all the legal heirs (Elder daughter, 3 sons from first wife and step mother (if she is legally married to your father).

2) Issue notices to your step mother and bank with 7 days gap

3) File a Succession petition in the court wherein 

a) you mention your religion( succession laws are based on religion in india)

b) Petitioners should be the Elder daughter, &  3 sons from first wife.

c) Respondents should be the step mother and bank (provide details of bank along with branch details).

4) You do not need to know the exact balance. you can ask the bank to provide full details of the balances lying in your father's name. 

5)Initially you can presume a certain amount and pay the court fees accordingly. Later you can ask for adjustment of court fees through the court.

6) In case, your step mother has fraudulently spent all the monies, or claims that she has no more money left, then you can attach all her properties against the monies that are due to you under succession laws.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Madam,

When the step mother was nominee, she can withdraw the amount. However, you may serve a legal notice and ask for the share in all movable and immovable properties of father. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Nominee of Bank Account can is only authorized to collect the amount in bank account of deceased but he has no legal right to keep the money provided there is a Will in her favour. In case there is no Will, the legal heirs can claim the share in amount. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You need to file suit against your step mother for claiming share from assets of your father.

2. You also need to make bank as necessary party for providing details of funds transferred on name of nominee of your father.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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