GIRISH RAO (supervisor) 09 June 2014
my aunt and her husband were having some fixed deposits with 2 banks. they are both deceased. i and my mother are the nominees to the deposits. my uncle's brother's daughter has the original receipts and is refusing to give the same to us. how can we claim the deposits in absence of the original receipts.
Kumar Doab (FIN) 10 June 2014
It is not made clear the deceased lady is your Maternal or Paternal Aunt………………What is her relation to your Mother: Real sister or sister in some relation?
It should also be made clear if the funds in the name of deceased female were self earned or were from her husband’s side or from her parent’s side? The treatment may differ depending upon the funds were from which side!
It is believed both the deceased were Hindu and have not left any WILL.
The Bank can discharge its liability by making the payment to nominee(s) as per mandate signed by the deceased depositor however, the nominee is mere trustee and hand to receive the payment and is (not necessarily) the owner of the funds…….
The RBI has issued guidelines to banks in this regard that are self explanatory:
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20. |
Settlement of claims in respect of deceased depositors – |
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Simplification of procedure. |
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20.1 Accounts with survivor/nominee clause |
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You may go thru these.
The nominee after collecting the payment has to pass it to the legal heir(s) of the deceased OR the legal heir can sue the nominee(s) for not doing so.
The BM may decline to make the payment without original FDR’s. If the original FDR is lost by depositor the bank may issue duplicate provided the depositor fulfils the bank’s requirements.
In your case the FDR’s are not lost but are with another member of the clan…………….
The BM if pressed may sense trouble and seek legal opinion from his Legal cell of the bank and may ask to bring order from the court.
AS per Hindu Succession Laws, the first right on the estate of the deceased is of ClassI relations i.e.
If ClassI relations are not present ClassII relations shall come into picture i.e.
If both ClassI and ClassII relations are not present then the estate shall be passed on to Agnates and only if Agnates are not present Cognates shall come into Picture.
You may see how you, your mother and your brother’s daughter shall fit into it.
If all of the ELIGIBLE claimants can agree amicably to share the funds or let the real claimant have the funds it shall be better. If there are more than one claimant the Power Of attorney in favor of one can be given.
If you can convince the person in possession of original FDR’s then Bank/BM can not ask to sign indemnity or bring surety since a/c is with nomination…………………….
Advocate Ravinder (Advocate/Attorney) 10 June 2014
Give a legal notice to your uncles brother's daughter to handover the original receipt of the FDs. If they do not give, file an application in the Bank and obtain duplicate of the same. Produce the same into the court and receive monies as you are the nominees. But the legal heirs of your aunty can claim the amounts as of right. The nominees are only trustee of the money not owners.
T. Kalaiselvan, Advocate (Advocate) 13 June 2014
What about the children and other class I legal heirs of both your aunt and uncle?, Is any one surviving ? If there is no class I legal heirs to the deceased, you may issue legal notice to the people who hold back the said FD certificates and endorse a copy to the bank instructing them to not to disburse the amount to any one without your instructions. After that you can proceed with the legal actions as necessary.
GIRISH RAO (supervisor) 13 June 2014
can you please differentiate between agnates and cognates? the aunt is paternal, i.e. my father's sister and the uncle is her husband. the amount is their self earned. also, they were childless. where do i and my mother fit in. the BM of one bank has already issued a notice to the niece asking her to produce a probate or succession certificate within 15 days. Kindly tell what is the time limit for obtaining a probate on a will.
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