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prof s c pratihar (medical practitioner &legal studies)     23 October 2008

certificate of deposit

dear members,

                      certificate of deposit is a debt instrument issued by abank ,evidencing that a depodit has been made for a specified amount ,for a stated length of time and attracting a given rate of interest.this is a negotable instrument.very recently s b i has issued a certificate to me  and on query bank personal told this is not a negotiable instrument.i have not argued with the bank personnel.can i have a legal answer from any body?



Learning

 2 Replies

Sarosh Bastawala (Advcate Supreme Court)     24 October 2008

A Certificate of Deposit or FIXED DEPOSIT RECEIPT is only an acknowledgement from a Banker to a Coustomer of an agreement or understanding that so and so amount is depposited for so and so period at a particular rate of interest.  It is not in the strict sence a Negotiable Instrument because it cannot be transfered or endorsed to another person or entity.  An endorsement on the back of this certificate to pay another peson may or may not be acted upon by the bank, who for the purposes of repayment will not recognised any other person except the depositor, and in the event of the death of the depositor his nominees.  If no nominees are avaialble the normal law of succession will be fgvien effect to.

prof s c pratihar (medical practitioner &legal studies)     24 October 2008

sir,


i mean this is the first time bank wrote at top 'this is not a negotiable instrument' the reason of which is not known to me.sbi only doing and not other bank.thanks for reply


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