• Deceased father's money stuck in Indian bank accounts - Help!

The state of affairs is as follows. My father recently passed away and his 2 bank accounts in Punjab did not have nominations (Nawanshahr bank and state bank of Patiala). 
My mother is still alive, and I have 2 sisters. The Banks will not transfer the money into my mother's account.
Also my late father has a signed & notarised Will, which states that all his estate and money should go to me after his death. But the Banks are not accepting this and will not transfer me the money.
I want all the money in my late father's accounts to go to my mother.

The Banks have stated that we need to complete separate application forms, and have power of attorneys from all siblings, and then submit to the Bank's head office for processing. They stated this can take several months and even years for the money to be released.

Please can you advise on what best action I can take to release the money in my late father's bank accounts as quickly as possible?

Thank you in-advance.
Asked 8 years ago in Constitutional Law

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3 Answers

1) since your father has left a will apply for probate of father will

2) if will is not contested you would get probate in 6 months time and get money lying in bank accounts and other properties of your father

3) probate is judicial proof that will is genuine

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1. One Option is to comply the direction of bank as bank is asking for right procedure and compliance of it is not that difficult.

2. Another option is to apply for succession certificate which will conclusively determine rights of the parties in such situations.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1. What you and the other legal heirs of your deceased father require is a Succession Certificate which is issued by the court.

2. If you want the money to be realised by your mother then she may file for Succession Certificate whereupon you may inform the court that you do not have any objection to the realisation of amount by her.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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