Deceased account claim
Mohan suthar
(Querist) 30 June 2013
This query is : Resolved
My father has died interstate .His saving account had no nominee.
We all Brother/Sisters wanted to disclaim the money and want my mother to take the money.My question is
1.Will all disclaimers should physically present himself to Bank branch? Or Signatures done by disclaimers in bank approved format is acceptable?
*My bank officials wanted both..*
2.Will succession certificate necessary in this case required? or Legal heir certificate issued by District officials will be enough?
3. Is there any rule that the surety should have to account/FD in a deceased's account bank?Because bank officials are not accepting the liquidity lying in other bank..?
Raj Kumar Makkad
(Expert) 30 June 2013
1. The requirement of the banker shall have to be fulfilled.
2. better to ask this question from banker as different banks and even their different branches have different rule position in practice.
3. Satisfaction of banker is the top requirement.
prabhakar singh
(Expert) 01 July 2013
If you have a succession certificate issued by court banks and their branches, bosses or clerks, all would be bound to obey and do as per dictates of the certificate OTHERWISE
THEY SHALL SING THEIR OWN FOLKS AS MR.MAKKAD HAS POINTED OUT.
malipeddi jaggarao
(Expert) 01 July 2013
All depends upon the amount lying in the S.B.Account. If amount is huge, naturally bank will insist physical presence of all legal heirs who relinquish their right and nominate her mother to receive the amounts. If the amount is nominal say upto Rs.1 lac, an sworn notarized affidavit is sufficient.
2. Legal heir certificate issued by Revenue Officicials is for specific purpose. If a mention about the bank account is made in the certificate and the amount is not huge (as suggested above), bank can accept it.
3. There is no such rule that the surety should have account with the same bank. The net worth of the surety should be such the bank is satisfied with his capacity to indemnify it for the amount involved at a future date.
The problem is many bank officials do not have clear knowledge about these aspects. They want to be extra-cautious and complicate the problems. Available legal heirs should meet the Manager together and impress upon him that the money belongs to your father and you are asking to give the same to your mother and no legal problems would arise at a later date. Still if they are not willing, meet the next higher authority and put your argument before him.
Rajendra K Goyal
(Expert) 05 July 2013
1. The amount of claim is important. If the person who relinquish their right by signing letter of disclaimer have their account in the same bank and their signatures can be verified within, no need to be present physically.Satisfaction of the bankers is necessary.
2. As per RBI guidelines, payment is to be made without succession certificate. No need of legal heir ship letter from distt. authorities even. An affidavit from acceptable person mentioning the names of the legal heir would be sufficient.
3. The surety / indemnifier should be good for the amount involved. The worth of the surety can easily be verified if they are maintaining accounts with the Bank settling the claim.
3.
Raj Kumar Makkad
(Expert) 05 July 2013
Rajender G! The querist is silent and is not paying attention towards the replies aleady posted by eperts.
Devajyoti Barman
(Expert) 06 July 2013
Yes. without replying to those queries, further advice can not be given.
