• Fixed deposit amount claim

Sir, my father was central govt employee . he passed away in the year 1999. From there all his service amount gratuity etc. was given to my grand mother as she is the nomiee.She now has the fixed deposit in which I am the nominee.
                           Now what is happening is that my uncle is withdrawing money without my knowledge by decepting by illiterate grand mother.
                           I got informed later by my grand mother that my uncle is taking her thumb impression.My grand mother is around 85 years of age and she cannot read n write. All the documents of FD is kept with my uncle.

Please help me in this regard as the amount was of my father and it should be transferred to his son n daughter rather than my uncle.
Asked 2 years ago in Property Law from Raipur, Chhattisgarh
Religion: Hindu
1) apply for succession certificate from district court in name of your grand mother , your mother you and your siblings 

2) on basis of said certificate apply to bank to add your names in FD 

3) uncle will not be able to with draw any money without  your consent 
Ajay Sethi
Advocate, Mumbai
45424 Answers
2668 Consultations

5.0 on 5.0

Immediately inform the Bank about this forgery. Do so by a written objection.
Try to transfer the money to another a/c about which your uncles must be kept in dark.
Another option is to take all money and deposit in joint names of you and your granny.
Devajyoti Barman
Advocate, Kolkata
12804 Answers
165 Consultations

5.0 on 5.0

Dear Querist
File an application cum complaint before bank in which the amount is in Fixed deposit for not withdrawing the amount without physically presence of your grand Mother based on any documents falsely executed by your Uncle in his favour.

you may also file a police complaint against him if your grand mother is in your favour.

Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

The remedy for you is to file a suit for injunction against your uncle and bank to restrain the former from realising any of the movable assets of your deceased father. A nominee is only a trustee of all legal heirs who holds the assets in trust for and on behalf of the beneficiary. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Please help me in this regard as the amount was of my father and it should be transferred to his son n daughter rather than my uncle.
Your father made your grandmother as nominee for gratuity and other terminal benefits, accordingly she acquired all the amount and now this amount becomes her own which she can transact with at her own will and wish.
If your uncle is cheating her then you must prevail on her to not to give him any money.
You cannot legally prevent him from taking money from his mother. 
The amount that was given as terminal benefits to your father was in your grandmother;s name hence it is her own  in which neither you nor anyone can stake a claim or share out of it. 
T Kalaiselvan
Advocate, Vellore
35589 Answers
385 Consultations

5.0 on 5.0

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