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Vijaya   28 July 2017

Family tree

My husband has SB account with no nominee, 1. so the bank has asked me to get family tree , so from where can i get this certificate , whats the porocedure? 2. Along with claim form of deceased, is it compulsory to submit letter of indemnity , what does letter of indemnity mean ?


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 11 Replies

Kumar Doab (FIN)     28 July 2017

It is believed that you are all HIndu.

Confirm!

Kumar Doab (FIN)     28 July 2017

Family Tree/Legal heir Certificate/Survivor Certificate etc etc is for legal heirs of deceased.....

Usually it is issued by Tehsildar.

Some establishments may aceept affidavit by one of legal heirs...

Check locally at your location.

Kumar Doab (FIN)     28 July 2017

GO thru:

RBI;Master Circular on Customer Service in Banks

20.2 Accounts without the survivor / nominee clause

In case where the deceased depositor had not made any nomination or for the accounts other than those styled as "either or survivor" (such as single or jointly operated accounts), banks are required to adopt a simplified procedure for repayment to legal heir(s) of the depositor keeping in view the imperative need to avoid inconvenience and undue hardship to the common person.  In this context, banks may, keeping in view their risk management systems, fix a minimum threshold limit, for the balance in the account of the deceased depositors, up to which claims in respect of the deceased depositors could be settled without insisting on production of any documentation other than a letter of indemnity.

 

https://www.rbi.org.in/scriptts/bs_viewmascirculardetails.aspx?id=9008#202

Kumar Doab (FIN)     28 July 2017

Apparently the funds in deceased depositor a/c is above Min. Threshold limit.

The Bank/banker/senior officias have probably agreed to release funds without insisiting for SuccessIon Certificate...............and have asked for Letter of Indemnity along with claim form,death certificate, Family Tree, and may be suerity(ies) ..............

 

Submit and collect the funds...

 

You may also go thru Deceased Depositor policy of the bank at its website or in office.......that is framed in accordance with RBI policy mentioned above...

Susen Nath   29 July 2017

Thank u Kumar Doab sir. For ur proper information. Again I am asking to the problem holder which bank it is doing. Pls give all details of that bank together with ur details. We will forward this to the consumers section of the RBI with real example of bank harries mentioned. Beside we want to see such type of novice bank manager.

Vijaya   29 July 2017

Thank u all.. Actually the a/c balance is 1.5o L , so the bank official told that the claim amount above 1lac will be forwarded to head office for processing..if i submit docs needed but he din't clarify about indemnity letter even when asked him rather he was rude in answering...

G.L.N. Prasad (Retired employee.)     29 July 2017

There is some communication gap  some where.

Family tree in this context means a Legal heir certificate from Tehasildar showing the list of legal heirs of the deceased.

This is a must.  Depending on the religion, amount  in credit, procedure may vary.

It is duty of  every banker  to list out such accounts without nomination and to issue Registered notices asking them either to convert it as a joint account or nominate, as it reduces their burden and unnecessary litigation and expens for the depositor.

It is unfortunate, even after decades, this nomination convenience has not spread even in educated depositors, one can image the case of rural depositors.

I am afraid that in this particular case, bank may insist a succession certificate from competent Court.  Seeking family tree is not their business as they can not take any opinion and use their powers or discretion to settle the amount, when there are well laid down norms.  Most of the officials are not aware of the difficult procedure of obtaining that uniform formats prescribed for each and every case of claim settlement, depending on the amount and religion.  Even filling the form is so difficult and cumbersome. When they are not aware, officials can not respond to the queries in authenticated way, as they are not familiar and as such cases now a days are rare.  At the same time, they do not want to go such circular of several pages only for helping their client.  In case of such valued client, if it is real banker, to attract that deposit for further period, takes more interest for early settlement, hoping that his prompt service brings him a valued client and helps in retanining that deposit for long period.  Instead of following the right approach, they behave discourteously as though the claimant is asking alms from the Bank.  To be frank getting one lakh loan without security is much faster, than getting a claim of Rs.1,00,000 settled.

Kumar Doab (FIN)     29 July 2017

You are welcome Mr. Susen Nath 

 

Kumar Doab (FIN)     29 July 2017

Dear LCI Querist @ Mrs.Vijaya

Apparently the funds in deceased depositor a/c is above Min. Threshold limit.

You may as suggested go thru the mentioned rules at website of bank, in bank and claim form.....................

It is felt that the letter of indemnity is required. 

Agreed that BM has NO reason business, right to be rude more so in case of family of deceased depositor.

If you have the evidence in form of witnesses, recorded event you can certainly lodge complaint and pursue it..

 

 

 

Kumar Doab (FIN)     29 July 2017

Agreeing with Mr. G.L.N.Prasad.

The nomination offers simple, economical  recourse....

Everyone should be aware.

The awareness is seen in both rural and urban folks.

 

Kumar Doab (FIN)     29 July 2017

You are welcome Mrs. Vijaya.


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