• Encashing FDR of late father

How can I encash FDRs of my late father?  

Nominee is my cousin sister and she wants to keep the money herself and is in possession of FDR receipts.

I am the only legal heir of my late father and is holding valid succession certificate of court as well as legal heir ship certificate of both district magistrate & income tax department in my name.
Asked 4 years ago in Civil Law from Moga, Punjab
Dear Client,
You are advised to approach the banker through your written representation stating about the legal heir and also successor of your deceased father. The nominee is appointed for the purpose to receive the amount after the death of the depositorm but nominee is not entitle to claim the amount and personal use. The deposit will be withdrawn in the name of nominee and handed over to the legal heir ,successor only. You are further advised to file a civil suit against the bank and also nominee and claim the deposit of your deceased father as legal heir and successor.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultation

4.5 on 5.0

1) nominee is only a trustee for legal heirs . 

2)forward succession certificate to bank and request bank not to hand over FDR receipts to your cousin sister . 

3) since your cousin sister is refusing to hand over FDR proceeds you will have to move court in this regard to recover FDR  from your cousin sister . bank will also have to be added as part to the suit
Ajay Sethi
Advocate, Mumbai
46664 Answers
2759 Consultations

5.0 on 5.0

Hi, if your cousin is nominee she will not entitled to get full amount of the FD as my learned brother advocate  Mr. Ajay Sethi rightly said nominee is only a trustee...........And you contact the bank and request in writing for the amount if they refuse to pay to you move the court for appropriate direction.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. as ur cousin sister is refusing to hand over FDR receipts to you then  only remedy for you is to file suit for mandatory injunction in civil court against ur cousin sister and bank so that you get FDR amount from bank on orders/ directions of court.

2.nominee is mere trustee for LRS.

3. nominee cannot claim FDR amount for his/ her personal use.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

Bank makes a valid discharge after handing over amount on the term deposits to the nominee if available This is as per guidelines of RBI. If you approach the Bank being a legal heir to hand over immovable of the deceased , it might refuse therefore first you approach a civil court seeking order of prohibition to the bank to not hand over the amount on FDR to your cousin and with the aid of succession certificate and legal heir certificate  seek directions from the court to the bank to settle your claim
H. S. Thukral
Advocate, New Delhi
569 Answers
170 Consultations

5.0 on 5.0

1. Nomination does not entitle the nominee to claim exclusive ownership of the property. The position of a nominee is no better than a trustee. When tested on this touchstone your cousin sister cannot withhold your deceased father's FDR receipts. 

2. Since you have already obtained the succession certificate from the court you should at first issue a lawyer's notice to the bank and ask it to not to hand over the FDR to your cousin sister. Bank might refuse to comply with the lawyer's notice in view of the fact that your cousin sister has been nominated by your father, in which event you should move to court to restrain the bank from handing over to your cousin sister the FDR of your deceased father.

3. On the basis of succession certificate seek directions to the bank to hand over the FDR to you.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

Your cousin sister is not legally entitled to claim the FDR amount as she is only a trustee and can not inherit the money.
You are indeed the rightful heir to it.
Do send a legal notice to the Bank mentioning the circumstances and advise to restrain from releasing the FDR amount.
If the bank raises objections you will need to approach the civil court to get a direction from court to the bank concerned.
Even before you take the step to issue a legal notice you may certainly approach the bank with your documents ask them to help you obtain your inheritance.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

Your cousin is only entitled to collect the FDR, however she cannot claim the exclusive ownership. You should apply for succession certificate and submit the same along with a written application to the bank drafted by a lawyer.
Further, you can approach to the civil court thereby seeking order of prohibition against bank not to hand over the amount on FDR to your cousin.
Sudershani Ray
Advocate, New Delhi
192 Answers
42 Consultations

4.6 on 5.0

1. You being the only successor of your father's property in the sole claimant of his said FDR,

2. Your cousin sister, being the nominee, is the trustee of the said fund and not the owner,

3. Immediately send a letter to te Bank enclosing a copy of the Succession Certificate claiming the FDR amount of your father.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

1 : Meet the Branch Manager of the bank and show him that you are the only legal heir of your late father,  adduce succession certificate of court as well as legal heir ship certificate of both district magistrate & income tax department and enable him to make payment in favor of legal heir instead of nominee. 
2: If bank refuses to do so then move to civil court seeking order of injunction, prove the heir ship before the court and take FDR amount of your father.   
3 :  It is rightly said by learned brother advocate sri Ajay Sethi that nominee is only a trustee for legal heirs. You are the legal person to get all the benefits and bear all the liabilities of your father.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

Dear Querist
the nominee is only the trustee of the Deceased if the nominee is not a legal heir of the deceased then the nominee can not avail the amount of deceased. the duty of nominee is only as a trustee.
File an application before Bank Manager with the copy of Legal Heir Certificate & claim the FDR amount.
contact a lawyer personally with all documents, it will be better to get best advice
Nadeem Qureshi
Advocate, New Delhi
4875 Answers
225 Consultations

4.9 on 5.0

you are entitled to claim FDR by giving legal heir certificate or succession certificate you can file an application for the same to the bank manager along with a affidavit  and a copy of legal heir certificate and death certificate. nominee is only a caretaker
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

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