can son claim deceased fathers bank account proceeds( fd,etc

Can I, the Son,  claim balances of my Deceased Father - who has willed others ( neice, sister, brother-in-law)  as

nominee in his Bank Accounts?  There is no Will written /executed by My Father prior to his death. He was suffering from

 Dementia before his death.  His pension account has my brother-in-law as nominee and other bank account has my neice as nominee. Roughly the amount is around 3.5 lakhs plus 1 lakh bank cash balance .


If no will or gift is not made I e deceased intestate then u Ur mother brothers sisters become legal heirs nominee s r not entitled . U claim as lr if they refuse file civil suit in competent court of law

Retired Manager

The purpose of noting Lien by banks on Deposits is that the procedure for claims is simplified. Banks get discharged of their liability if they settle the claim on deposits to the Lien Holder noted therein.  However, the Lien Holder receives the sums of such Deposits/Contents of Lockers etc. as a Trustee only.  It is the responsibility of the Lien Holder to settle the amounts among the Legal Heirs equitably. 


If the Banks have not so far settled the claim even as per Lien also, if any of the claimants other than the Lien Holder approach the bank in writing preferably as a Lawyer's notice stating their claim, Banks do not settled the claim and advise the claimants to settle the matter and approach the bank with a Court order.In which case it takes much time to get such order.


Therefore, it is advisable for you to discuss with the Lien Holders and lodge your claim for your share with them in writing and take their acknlwedgement and get your share amicably with mutual discussion.


The Bankers are legally bound to entertain the claim of the nominees, if proper naomination is made. However, the nominees have to hold the property in trust for the legal heirs and all the legal heirs of the deceased have a right in the property of the deceased. Youi had better approach the Court for your legal share in the property.


nominee is only trustee. he shall distribute the amount to legal heirs only as per Supreme Court rulings. if nominee refused, You can file civil suit
Retired employee.

The nomination is for speedy disposal of a claim by Bank and nomination alone cannot create any special rights to the nominee.  




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