Legal heir

Querist : Anonymous (Querist) 09 October 2021 This query is : Resolved
My friend's (X) father (Y) and his elder brother (Z) lived together, both were deceased. Z had not married. Y is survived by his wife (A) and X. in the Family card(Ration card) issued by Government, Z is family head and Y, A and X are family members. During their survival, Z and Y deposited Rs.1,00,000/- in Bank Fixed Deposit, jointly in their names, nominating A as a nominee. Since both Z and Y died, In the absence of the WILL (Both by Z & Y) A" claimed the deposit money in the status of Nominee as well as the legal heir of Y. Bank refused to credit the proceeds to A and asked for legal heir certificate through court. Tahsildar returned (not in writing) the Legal heir application of "A" and informed to get the legal heir certificate through court. The query is : Whether "A" the nominee, can get legal heir certificate in her name from Tahsildar or only X or both. whether Tasildar refusal is correct? Can A and X get a legal heir certificate through court? It is also be noted that X & Y were having 2 elder brothers and 2 younger sisters, all are deceased. but the elder brothers wives and children are alive without any communication with A and X. Request the legal experts to give advise to my friend X.

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A woman (A) is trying to claim a joint bank deposit made by her deceased husband (Y) and his brother (Z). Although she is the nominee, the bank and Tahsildar are refusing to release the funds without a legal heir certificate, directing her to the courts. The core issue is whether A, as a nominee and widow, can obtain this certificate, or if it must be issued to her son (X) or jointly, especially considering other deceased relatives' surviving families.

Dr J C Vashista (Expert) 10 October 2021
Repeated at https://www.lawyersclubindia.com/forum/legal-heir-220570.asp

kavksatyanarayana (Expert) 10 October 2021
Yes. A repeated query. Already answered.

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