Legal heir cert for deceased husband fd transfer to wife?
(Querist) 31 August 2022
This query is : Resolved
My father expired in Feb 2022 and did not have a WILL. My father had filled nomination forms for all his assets except for a fixed deposit at his bank. As a best practice my father did sign on the withdrawal section behind the FD.
Now the bank is asking for a legal heir certificate to transfer FD to my mother.
They are refusing to accept, Ration card, passport, marriage certificate as evidence of legal heir to process the FD withdrawal. I understand that obtaining a legal heir certificate or succession certificate is an onerous and expensive affair - what alternatively can be done to sufficie the need?
(Expert) 31 August 2022
What is legally required is a Succession Certificate from the District Court but it may take not less than two months and you will have to bear the fee for advertising the notice in the newspaper and for the advocate.
In strict legal sense the Legal Heirship Certificate is not meant for releasing such deposits.
However, since you have enough records and in case the bank is ready to settle the matter of release of deposit based on a compromise decision in a Lok Adalat you can approach the District Legal Service Authority (DLSA) with a Pre Litigation Petition ( PLP) to take up the issue to a LoK Adalat.
It is not a proper course under the law but sometime it may work since you have no other sure way out in this matter.
(Querist) 01 September 2022
Thank you so much sir.
The bank has said that this is what has been issued by RBI to ask for a legal heir certificate incase of missing nomination form... I will check for alternatives you have suggested and incase I need to connect with you, is there an email ID or phone number you can share please?
(Querist) 05 September 2022
Thank you so much sir. The bank has said that this is what has been issued by RBI to ask for a legal heir certificate incase of missing nomination form... I will check for alternatives you have suggested and incase I need to connect with you, is there an email ID or phone number you can share please?
Read more at: https://www.lawyersclubindia.com/experts/legal-heir-cert-for-deceased-husband-fd-transfer-to-wife--743981.asp
(Expert) 28 December 2023
You shall obtain a legal heir certificate from the Tahsildar concerned. You have to apply to the Tahsildar concerned with a copy of the death certificate of your father.