• Please advise me, as a son, how to get my share in my deceased father's bank properties in which my elder sister is nominee

Sir,

My father recently passed away in May,2026, at the age of 85 years. And he has around Rs.3 lakhs in his SBI Savings Bank account and some Fixed Deposits, worth around Rs.70 lakhs.

My elder sister 's husband (brother-in-law) managed to record my elder sister as nominee in all my father's above said SBI savings account and also in all my father's Fixed Deposits.

I'm the son (Age: 65 years) of my deceased father and I've two sisters, one elder sister and one younger sister.

I've sent an email to SBI (the concerned SBI branch 's email) and informed to the bank that my father passed away and attached my 'father's Death Certificate ', his Aadhar card copy and my Aadhar card copy, in that email and following that, the bank noted as 'Deceased' in my Father's Bank Account details.

Now, I sent two emails to that SBI Bank branch, along with the supporting documents like my deceased Father's 'Death Certificate ', our three siblings 'Family Member Certificate', my deceased Father's Aadhar Card copy and our three siblings Aadhar card copies, for 

(1) not to disburse the amounts in my deceased Father's money in his Savings account and his Fixed Deposits money, only to the nominee, who is my elder sister.

And requested the bank in that email to distribute the above said my deceased Father's money (In his Fixed Deposits & in his Savings Bank account) to all our three siblings equally.

(2) In my second email, I requested the SBI branch, for the 'SBI 5-year Savings Bank account statement of my deceased Father' and also 'All the Fixed Deposits information ' of my deceased Father.

The Bank refuses to receive my physical hard-copy letter and refuses to give acknowledgement as 'Received copy ' .

And the Bank (SBI) refusing to give to me about my deceased Father's SBI savings account '5-year Statement' and the information about All the Fixed Deposits information ' , and also the bank refuses to put hold on the accounts until a mutual agreement arrives among our three siblings, since my elder sister is the nominee in all the above said my deceased Father's savings Bank account and his Fixed Deposits.

And also the bank is telling that whenever the nominee apply for settlement of my deceased Father's amounts, they will disburse all the amounts to her.

So, please advise me for 
(1) How can I get my share in All the Fixed Deposits ' & in the Savings account of my deceased Father. 

(2) How to get my deceased Father's SBI savings account's '5-year Statement' and the information about All the 'Fixed Deposits information '.

Thank you Sir.

Sincerely,
MNR
Asked 3 hours ago in Property Law
Religion: Hindu

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2 Answers

Nominee is only trustee for legal heirs 

 

2) issue legal notice to bank bot to disburse money lying in fixed deposits to your sister without your  consent 

 

3) apply for and obtain succession certificate from district court 

Ajay Sethi
Advocate, Mumbai
100831 Answers
8238 Consultations

A nominee acts only as a custodian or trustee for the proceeds of the deceased's bank balances. He/she cannot legally claim to be the sole inheritor of the deceased's savings in bank accounts. But unless any court injunction is brought out restraining the bank from paying the nominee, the bank shall legally get a good discharge (literally meaning, washing off its hands in the matter) by making payment under the deceased's nomination mandate. In the circumstances, it is better to file a suit, by engaging a competent advocate for the purpose, at the proper court for declaration of your title as a legal heir of the deceased and for claiming your lawful share in the estate. Request your lawyer to move an interim application for an order restraining the nominee from making use of the savings balances till the final disposal of the suit.

Swaminathan Neelakantan
Advocate, Coimbatore
3195 Answers
20 Consultations

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