You should engage a lawyer who will help you out. A PoA should be made and he can act on your behalf.
Claiming as nominee my deceased Mom's savings deposits from abroad (United States)
Hello. I would really appreciate assistance in retrieving deposits I was nominated for by my mother whom passed away in 2016. I am now in the United States and it is very difficult for me to go back to Indian Overseas Bank in Mayapur to retrieve the funds in my name. The savings account are in my mother's name only and i have the multiple deposit slips showing my name is the nominee. I have the paper applications (Claim form for Deposit Accounts to be submitted by the nominee) but I am very afraid that something will not go right. I have worries and trust issues with the branch in Mayapur and I have no family members or people to trust there. I am looking for some help as to how to do this properly in order to rightfully get the funds. I would be willing to hire a lawyer or anyone that can be of assistance over in India to assist if there was someone trustworthy. I am also concerned as I do not have an Indian Overseas bank account so I do not know how the funds would be transferred to me if the bank approves. I'm concerned that if i mailed the forms directly to the Mayapur branch, how I would know if they received them or it they would process them. I don't know how I would be able to check the status. I have called the branch in the past and they were very rude and said they can't talk about anything over the phone and I would need to be there in person. Any suggestions or assistance would be greatly appreciated.
Asked 4 years ago in Civil Law
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12 Answers
Thank you for the response! Do you know a good place that I can find a reliable trusted lawyer I can trust to hire and assist me with this manner? Would this site be the proper place?
Asked 4 years ago
May i ask where is your bank account located ie district and state.
Yes it is Nadia, West Bengal.
Asked 4 years ago
Ok. So you may engage a lawyer from this website. I do take cases from clients through this website. Engage a local lawyer from Nadiya.
1) nominee is only trustee for legal heirs
2) bank may insist on you obtaining succession certificate from district court having jurisdiction
3) it is better you come down to india meet bank officials personally
4) you can execute POA in favour of family member if you so desire
It is not advisable to execute POA in favour of lawyer
execute it only in favour of family member
Contact a local lawyer for assistance
You have mentioned that you have claim forms and also the death certificate, bank account details in your possession.
As you are residing in a foreign country, you may better submit an application in writing communicating the information of death of your mother and mention that you have been nominated by her to her savings bank account.
Thus upon her death you are entitled to acquire the amount lying in her savings bank account as her nominee.
Therefore you may request the bank manager to transfer the amount lying on her account to your bank account (give the details) or by cheque or any other mode you may desire. You can enclose the death certificate, claim form for claiming this amount duly filled in all respects and send them by registered post with an acknowledgement card attached to your registered post.
After that you can follow it up through any close friend or relative back in India in furtherance
You do not require the services of a lawyer on such issues, you have to do it your self as suggested and then follow it up through any reliable person back in India.
If you still insist on a lawyer to assist you on this then you may have to look for one yourself.
You can look for a lawyer hailing from that place and contact one over phone, ascertain the credentials and can go ahead with the proposed task
through him.
You send a legal notice to them. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
- As per RBI direction , if there is nominee in the account, then the bank will pay the amount to the nominee, just after submitting certain proofs of his identity.
- A nominee is not essentially the legal heir of the deceased . A nominee and legal heir can be different individuals.
- Further, if there is no nominee, legal heirs become eligible to get the amount from the deceased account.
- Further, if no claim is made by the nominee or legal heirs during a certain period of time, then the account would be treated as inoperative and the amount in credit would be transferred to a designated account of RBI.
- However, if a claim is received after transfer to RBI, then the bank claims refund from RBI and then the bank will pay the amount to the claimant.
- However, if there is dispute, then the bank may ask for Succession certificate from the court.
- Since, your name is already mentioned as nominee then the bank can release the amount to you ,and your presence is mandatory before the bank
- You can engage a local lawyer for assisting you .
Dear client,
It is recommended to find the lawyer through google directly in the concerned jurisdiction as more advocated can be seen there.
Thank you
