for death certificate of the deceased and share of money

Querist : Anonymous (Querist) 12 November 2025 This query is : Resolved
My maternal aunt(mashi) was unmarried and she was working in west bengal state government.She died on September.My maternal grandmother is alive and she gets her spouse pension who used to work under central government. My maternal aunt(mashi) made maximum savings in the name of my mother as jointly and as nominee and my brother did all her last rituals and thus we got my maternal aunty's death certificate.I and my mother kept the death certificate for legal document work and we went to my maternal aunty's(mashi) office to stop the pension and return the 1 and half month pension and some more legal things are needed to be complete but my maternal uncle(mama) is harassing us to give her death certificate or he will do police complain and also giving false allegation of taking the money although we had repeatedly said we will return after completing our legal things.What to do and does he can claim such things legally?My maternal aunt( mashi) was not having a good relation with her brother as he used to say bad things to her.

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Following the death of an unmarried aunt who worked for the West Bengal state government, her family is facing harassment from her brother regarding her death certificate and savings. The deceased's mother is alive and receives a spouse pension. The savings were made jointly with the mother, who also holds the death certificate. Legal advice suggests that as per Hindu law, the aunt's mother is the primary legal heir to her money, not her brother. A Succession Certificate might be needed to access the bank funds, and pension finalisation will likely require a legal heir certificate.

T. Kalaiselvan, Advocate (Expert) 13 November 2025
Presuming you are Hindu by religion, the legal heir to your aunt is her mother only hence she is the right person to have your aunt's money and not her brother.
Let him go to police, you can explain them the facts and handover the death certificate to your grandmother.

Kishor Mehta (Expert) 13 November 2025
Ably put by Shri T. Kalaiselvan Advocate
"Presuming you are Hindu by religion, the legal heir to your aunt is her mother only hence she is the right person to have your aunt's money and not her brother. Let him go to police, you can explain them the facts and handover the death certificate to your grandmother."

kavksatyanarayana (Expert) 13 November 2025
Yes. You are presumably a Hindu, and as per the RBI, in case of the death of one of the joint account holders, the survivor will hold the money only as a trustee of the legal heirs, including your mother. Since the said account is in the joint name of your mother, it means your mother and your maternal aunt both have equal rights over the fund. So the share of your maternal aunt's share will go to her mother, brother and your mother equally. Hence, there may be a requirement for a Succession Certificate to get the entire money from the bank.

Isaac Gabriel (Expert) 13 November 2025
Being central gvt employee, the pension/ family pension could be finalysed based on the basis of legal heir certificate only.So better wait till such time.

kavksatyanarayana (Expert) 20 November 2025
The query was answered by experts. so please close it.

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