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Kamesh   17 November 2017

My dad expired with FD in Bank.

Hi,

My dad expired 2 months ago and he has 2 FDs in 2 banks. We went to the bank today and bankers asked for Legal Member Certificate and they said we need to get it issued from court in order to withdraw the amount. 

Unfortunately my dad, due to limited knowledge, didn't add anyone as nominee(s).

We are a peaceful family and we want the amount to get transferred/withdrawn on our mother's name. We are Hindus. We reside in Telagana State.

So, by legal member certificate do they mean Legal Heir Certificate?

I did some research and came across "Succession Certificate". Will we need that as well?

Which certificate should we get in our case? Also, what's the procedure for acquiring applicable certificate in our case?

https://www.trafficchallan.co.in/how-to-get-succession-certificate-and-legal-heir-certificate/

Do special rules relate to intestate FD? FD is an assest so in that case do I need Succession Certificate for my mom?

I'm at work most of the time and I don't want free lancers or bank guys to play around with my family's time and money.

Please guide us.



Learning

 1 Replies

G.L.N. Prasad (Retired employee.)     18 November 2017

Branches themselves have not framed any rules and abide by RBI directives.

Depending on the amount, religion of the family, there are uniform formats of claim forms.

If the amount is on highside, they may require succession certificate.

If the amount is nominal, say less than Rs.50,000/- a simple legal heir certificate from Tehasildar, with NOC to Bank to settle the amount in one name and offering a thirdparty guarantee is enough.

As most of the officials in Banks are not familiar with their powers, time prescribed for settlement, forms required there may be some confusion.

If you want details file RTI Application to any Bank and seek copy of the claim directives and enclose Rs.10/- as RTI fee in the form of Postal order drawn in favour of Bank.  Ask a friend or relative to file such application in his name to avoid misunderstanding with banker.

Application dt.18th Nov,2017 seeking information under RTI Act. filed

Before: CPIO,...........Bank,...................

Fee: Postal order No...for Rs.10/- fvg...Bank drawn on...........(place of CPIO)

Applciant:...............

 

Information solicited:

1.Please provide me a copy of  internal circular/directive/order that states the procedure/formalities  for settlement of deposit claims below Rs.........in force in the bank

 

 

Applciant.

 

If a citizen is not familier  with any legal formality of a financial institution, he should admit it and learn the procedure, but blaming a bank and other public authority assuming certain things is not proper.  If the same awareness was shown while giving a simple nomination form, this should have saved trouble to-day.  We do not perform our duties and blame public authority assuming certain things which we are not familiar.  Now, know the laid down procedure and decide as to whether bank is misleading you or you are misunderstanding them.


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