Bank deposits of deceased
Rame
(Querist) 21 October 2013
This query is : Resolved
Respected Sirs, My (I am female) father expired recently. He nominated my brother as nominee for his Bank deposits. My Brother says he will distribute money to all (we are 2 brothers and 3 sisters) only after 1 year. And that he wants 1/3rd share, while he will give an other 1/3rd to another brother, and that the remaining 1/3rd is to be shared equally by us 3 sisters. I want equal share (20% ) of his Bank deposits (his deposits will total around Rs 15 lakhs), and I want money immediately. He is not agreeable. Kindly tell me what are my legal options available?
M.Sheik Mohammed Ali
(Expert) 21 October 2013
i hope that your father not written any will about property or money, than all are equal share.
where are you from ?
Rame
(Querist) 21 October 2013
Thank you. I am from Ambur, Vellore district, Tamil nadu. I am Hindu. There is no will.
Anirudh
(Expert) 21 October 2013
Simply file a case before the appropriate court for a direction to your brother to share the money equally amongst all legal heirs. This is the only and easiest way.
Rajendra K Goyal
(Expert) 21 October 2013
Can file a case for equal distribution of the money.
Rame
(Querist) 22 October 2013
Thank you for your messages. My brother arrogantly says 'okay, file a case. easy for me. it will take atleast 20 years to resolve the case'. Is it so? Will it take a such long time to fight this?
Rame
(Querist) 22 October 2013
1. Waiting for experts' advice on my query, 'whether it will take atleast 20 yrs to resolve this case'.
2. Giving below Draft of letter. Kindly let me know if the letter is okay.
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(through the appropriate Civil Court jurisdiction) and through advocate:
Respected Sir,
My name is ----- aged -- yrs. I am staying at Coimbatore with my Husband -----, aged -- yrs, and my son ----- aged -- yrs.
My father ----- expired at Ambur(Vellore district, Tamil nadu), on ---- September 2013.
He has left behind fixed deposits and savings bank accounts. These are maintained at ----- bank, -----street, Ambur. Ph:
The value of these deposits and savings bank accounts come to around Rs -----
My Father has nominated my younger brother -----, aged -- yrs, as nominee for the bank deposits and savings accounts.
We are 2 brothers and 3 sisters as legal heirs to our father.
I request honorable Court to direct my brother to distribute these monies, plus all future monies that come to knowledge later, equally amongst all my father's legal heirs.
Since we legal heirs are in need of money urgently, kindly ask my brother to distribute them as soon as possible.
My Mother ----- expired about 18 months back.
Enclosing partial list of deposit slip numbers and respective amounts, and savings bank account details of my deceased father.
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Await your reply. I will ever be grateful for your invaluable opinions and advice.
Ms.Nirmala P.Rao
(Expert) 22 October 2013
You can claim your 20% share by filing a suit for partition and allotment of your 1/5 th share. First get issued a legal notice to him demanding allotment of your 1/5 th share failing which you can can recover your share by filing a suit for partition. If you wish to thank me for this reply please click the Thank you button on my profile.
ajay sethi
(Expert) 22 October 2013
nominee is only a trustee for all legal heirs . since there are 5 legal heirs each heir will get sum of Rs 3 lakhs .
address letter to bank not to permit your brother to withdraw funds lying in said account without consent of other legal heirs . once money is blocked by bank your brother will come to his senses . dont give NOC to your brother for withdrawing the deposits .
if this does not work then take legal proceedings as advised by experts
Rajendra K Goyal
(Expert) 23 October 2013
Agree with the advise of expert ajay sethi ji, Bank may not agree to stay the withdrawal, you should take stay from the Court,
