Fixed deposit
Monika
(Querist) 27 August 2015
This query is : Resolved
PLEASE SHARE YOUR VIEW ABOUT BANK FDR AFTER PASSING MY FATHER
WE ARE TWO SISTER AND MOTHER
1.FATHER SALARY ACCOUNT NAME ADDED MY MOTHER AND YOUNGER SISTER NAME
2.FDR MADEIN SHAPE OF FATHER MOTHER AND NOMINEE BOTH SISTER 50/50 RATIO
3.AFTER FATHER DEATH ALL FDR DEPOSIT IN BANK AND NEW FDR NAMED BY MY MOTHER AND YOUNGER SISTER NAME DIRECTLY AND FEW FDR JOINTLY BY MOTHER & MY NAME
4.NOW MY QUESTION ARE MY FATHER (SELF EARN ) CAN MOTHER HAVE RIGHT TO CHANGE NOMINATION OR IF NOT UNDER WHICH SECTION MOTHER HAVE NO RIGHT TO CHANGE NOMINATION WHICH WAS MADE BY MY FATHER
Monika
(Querist) 27 August 2015
?? I want answer not ??
Kumar Doab
(Expert) 27 August 2015
Your comments in your 2nd post "?? I want answer not ?? ".........
It shall be certainly better to consult a lawyer in person.
M/s. Y-not legal services
(Expert) 28 August 2015
dear monika, your query is little confusion.. just make it clear..
who is the nominee of your father's account?
nominee not a owner. he/she is going to act on behalf of the principal until the property deliver to the legal heirs..
Rajendra K Goyal
(Expert) 28 August 2015
If your mother was nominee in the FDRs, after your father she can withdraw the money and Bank would not object if she again deposit in her name with nomination in accordance with her choice.
If she was joint account holder in FDRs (Either or Survivor / Former or survivor) after your father she can withdraw and redeposit as per her wish/ nominating any person she wish.
After your father the pension can be sent by the department in the account of your mother as per arrangement.
Monika
(Querist) 28 August 2015
In saving account There is no nominee ,ya SAVING account holder jointly by my father/mother/younger sister name
and at the time of "FIXED DEPOSIT" NOMINATION RATIO & BOTH SISTER RATIO WAS 50/50
Advocate Vipin Raturi Delhi
(Expert) 28 August 2015
Monika Ji,
As per your queries there is little confusion. First of all u have to understand that after the death of your father your mother have vast legal right on your father property. Second in case of bank FDR you and your sister are nominee in bank FDRs. After death of your father your mother can change the nomination form.
Monika
(Querist) 31 August 2015
Succession certificate court fees.........and process in uttrakhand
also without succession certificate how i can sale my part in my father house
Kumar Doab
(Expert) 31 August 2015
You seem to have many issues on hands.
It shall be certainly appropriate to consult in person an able lawyer specializing in family/property/revenue/civil matters.
Generically speaking: First of all obtain death certificate and legal heir certificate (that tehsildar can issue even on submission of an affidavit by any of the legal heirs.........................you may enquire from SRO/deedwriter/lawyer) and submit to the authority under whose jurisdiction the house falls e.g. MC, for entering names of all ClassI legal Heirs.
Once all names are entered you shall get rights equal to that of owner.
After that only you may be able to sell.
However once again it is reiterated that you may show all documents in person to your lawyer.
Kumar Doab
(Expert) 31 August 2015
The query on FDR was not properly drafted and worded, hence that may also be discussed in local language with local lawyer for proper resolution.
Monika
(Querist) 31 August 2015
thanks to all , Actually i meet local lawyers they said get it first sucssion certificate and it cost 3% or 3 lac rs (if assets value 1 cr)+ lawyer fees
2. Party said how i know ur father have any will or not aur how you sell your part have u any doucments ,so i am confused how i sell my part(i have death certificate,voter id , 10th or birth certificate )
3. FDR ; all principle fdr deposit in bank and re issued all fdr advocatewant previous fdr numbers to clamur part ,how i get it that fdr numbers ??
I must say some of sernior gives me very good advice and i am great ful but as female housewife and as my mother & sister ditch me so i carefully take every step.
Monika
(Querist) 31 August 2015
I Know i have may queries ,but please as female ,please share every best possiblity to get 1/3 share of my fdr and house
Kumar Doab
(Expert) 31 August 2015
You were rude in your second post. Look at what had you posted:
“?? I want answer not ??”
That simply means : What?? I want answers from experts and not questions!!
Can you get anything if you post such language?
However it is after your last post that:
>>> You may carefully go thru:
RBI : Master Circular on Customer Services: Sec;19,20
This is on RBI website and has to be maintained by bank on its website and a printed version has to be supplied to customer free of cost.
Nominee is not owner and is just a hand to receive the proceeds and divide it amongst the legal heirs/successors.
The bank is liable to share all information with you, state, police,court……….
If required you can escalate to Circle Manager, MD,Chairman.
You can even get it thru RTI.
How did the bank release money held in SB/Salary/FDR a/c………………………just by claim from nominee or it got some disclaimer also signed from you?
Salary A/c: “1.FATHER SALARY ACCOUNT NAME ADDED MY MOTHER AND YOUNGER SISTER NAME”
Might have has nomination when you father was alive. Why only your mother sister’s name only was added after death? Why your name was not added? In any case you are entitled to get 1/3rd share.
FDR: “2.FDR MADEIN SHAPE OF FATHER MOTHER AND NOMINEE BOTH SISTER 50/50 RATIO”
Depending upon the mandate of FDR e.g. joint/E&S/F&S etc the amount of share of deceased holder may devolve upon Nominees/legal heirs/successors.
FDR: “3.AFTER FATHER DEATH ALL FDR DEPOSIT IN BANK AND NEW FDR NAMED BY MY MOTHER AND YOUNGER SISTER NAME DIRECTLY AND FEW FDR JOINTLY BY MOTHER & MY NAME”
Whatever arrangement has been made in the end all proceeds may have to be equally divided. However you need to collect the information from bank.
FDR:“4.NOW MY QUESTION ARE MY FATHER (SELF EARN ) CAN MOTHER HAVE RIGHT TO CHANGE NOMINATION OR IF NOT UNDER WHICH SECTION MOTHER HAVE NO RIGHT TO CHANGE NOMINATION WHICH WAS MADE BY MY FATHER”
Nomination can be changed by owner of the a/c only.
>>> House: It has already been explained that names of legal heirs can be entered in mutation/revenue records thru simple process.
In sale document it has to be mentioned that there is no WILL.
>>> If you are unable to handle on your own, partition suit is an option.
Monika
(Querist) 01 September 2015
Thanks all & kumar sir
u provide Good Information
Monika
(Querist) 19 September 2015
if ile the case in civil court ,but opposite side to times notice issue but they refused to accept the notice.........what i should do....it will go on pendency as per local advocate or court will hear me
Monika
(Querist) 19 September 2015
i file the case in civil court ,but opposite side to times notice issue but they refused to accept the notice.........what i should do....it will go on pendency as per local advocate or court will hear me
Monika
(Querist) 19 September 2015
on fixed deposit ....i will file for secession court will send notice for all bank and party.....what i may prepare while hearing as i already sign affidavit about my father self earn income ...........stay order refuse by bank .what i should do
Sudhir Kumar, Advocate
(Expert) 28 August 2015
