Interpleader suit
Shiv
(Querist) 24 July 2013
This query is : Resolved
INTERPLEADER SUIT filed by BANK
Claimants wife & husband
Scenario:
In this Interpleader suit properties involved are NRNR (Non-resident Non-Repatriable Term Deposit Account) Fix Deposits in Defendant's (husband) account.
1)Interpleader suit been filed by bank in court on objection of wife to make payment to Defendant husband for payment of Fix Deposits. There has been a dispute between husband & wife. Even though they are not divorced both husband & wife are leaving separately since 1996. The suit is in process since last 10 years. In the Bank has mentioned that it has transferred the Husband's FDs in the name of wife on 'oral instructions' of husband. Even though bank has done breach of banking procedure & covering up the transfer in the name of oral instruction. Husband has alleged his wife for cheating on him while he was abroad and siphoning off all his self earned money while he was abroad. The originals of certificates of FDs are with wife. Also bank states that the FDs are having been converted to operating mandate as 'either or survivor' on oral instructions. Now unfortunately after fighting the case for last 10 years, Defendant Husband has died recently. Since defendant husband has disputes with his wife & children he was leaving alone. And now his wife is claim all the FD payments on 'either or survivor' basis even though the same operating mandate is in question. Since Husband was staying alone he has no legal representative to fight his case further.
Further Complication in Scenario:
Since Husband was staying alone as his estranged wife deserted him in 1996. He was fighting various cases against his wife in courts. Even recently before his death he has filed criminal complaint against his wife for financial frauds and
the Hon'ble Magistrate has ordered police to investigate it under section 156 (3) which is being delayed by police since 6 months with no progress.
Now further to complicate the matter he has a Unregistered WILL which is filed for Probate Certificate bequeathing properties to person other than his family members.
Please advice on these issues:
1. How the case can be proceeded further.
2. There has been lot of application made in between proceedings of suit which are yet to be heard (i.e. counter claim).
3. Who should be his legal representative? Can deceased husband's lawyer who has been conducting is court matter for last few years proceed the matter in absence of legal heir/representative.
4. Can interpleader suit be stayed till the probate suit is decided.
5. Can executor of WILL become Legal Representative of Deceased person even though probate suit is not decided yet.
R.K Nanda
(Expert) 24 July 2013
consult local lawyer.
Rajendra K Goyal
(Expert) 24 July 2013
Consult your lawyer.
1. An application be moved in the respective courts by the Executor of the will mentioning the full conditions and the fact that the probate is pending before the court. Meanwhile to allow the Executor in the proceedings on behalf of the deceased.
2 Proceed to get the permission of the Executor in the proceedings.
3. Executor of the will through permission of the court (may be interim).
4. Depends on the court.
5. Court may permit on merits.
Raj Kumar Makkad
(Expert) 27 July 2013
Beneficiary or the executor both can initate action in the given case through the court of law.
