Huf fix deposits change in name of karta

INDIA FIRST (Querist) 02 May 2023 This query is : Resolved
I have our late father's huf FDS with idfc first bank.my elder brother was a karta after father's death.Recently,my elder brother expired.Now,just to change the karta,idfc first bank is asking us to get legal heir/succession certificate from tehsildar.Tehsildar office says we don't issue any such certificate.we don't want to close deposits premature.please help

Follow Query

Report Abuse

Quick Summary

A HUF (Hindu Undivided Family) account holder is facing difficulties changing the Karta on their late father's fixed deposits with IDFC First Bank after their elder brother, the previous Karta, passed away. The bank is requesting a legal heir/succession certificate from the Tehsildar, which the Tehsildar's office states they do not issue. The account holder is seeking guidance on how to proceed without prematurely closing the deposits and questioning the bank's requirement, especially since a similar change was previously accepted.

Sudhir Kumar, Advocate (Expert) 03 May 2023
why tehsil has denied such certificate?
whether denied in writing?

INDIA FIRST (Querist) 03 May 2023
The office denied orally.i asked my other friend too.he too had gone for succession certificate.Point i want to ask is do huf FDS also need it? Most banks have simple format to change karta

T. Kalaiselvan, Advocate (Expert) 03 May 2023
If the same bank accepted your deceased brother to replace your deceased father as Karta, why are they refusing to accept a new karta now.
There's no necessity for getting a legal heirship certificate to replace deceased karta.
You may issue a legal notice to the bank questioning their authority or the law prescribed for this purpose and can then challenge the same as per law.

P. Venu (Expert) 03 May 2023
What was the procedure adopted at the time of father's demise? Bank cannot prescribe a different norm at present unless there were patent errors or the procedure has since been revised. If so ascertain the information from the Bank. If a public sector Bank you may seek the information under RTI.
You may, as well, take up the issue with the Banking Ombudsman.

INDIA FIRST (Querist) 03 May 2023
Thank u for ur replies.i have been told by cluster head Sameer Nagotkar of idfc bank,goregaon west,mumbai region dat they will raise it again with the legal team.i see a valid point in ur replies.

kavksatyanarayana (Expert) 24 May 2023
Ok sir.....................

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries