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Sibsankar Datta (Freelance)     24 August 2009

Claim on the deposit of Missing person


In a backward class family, the male head, who was working as a fourth grade employee in an engineering Company died interstate. He was a drug addicted person, left behind his wife, grown up son and a minor daughter.
The adult son [ who also had the habit of drinking liquor] and wife are missing since last 15 years. The left behind minor daughter was also illiterate and was ignorant of any statutory rule of lodging an FIR with the Police.
This minor daughter since attained majority after passing through immense hardship of working as a child labour for her living.
Now, her findings from left back belongings of her mother and brother, she came across a few deposit receipt left by her mother and brother, all of which are already long back matured during 1990 and across different years. One of the deposit for Rs.18000/= created by her mother along with her name as a joint depositor. Another deposit of Rs.48ooo/= lying in the name of her mother and another deposit of Rs.18000/= lying in the name of her missing brother.
Now that she wants to proceed for claiming the amount of her mother and brother, who are both missing for the last more than 15 years, she needs guidance as how her problem in establishing her claim to the bank can be sorted out in the easiest possible manner.
In the instant case, she have not filed an FIR,. As they are missing, no death certificate is in possession. 
Under the above circumstances, she seeks guidance on alternative actions need for her for satisfying the requirement of the bank on above two traits for settlement of claim.
Suggestions will help a poor and backward female having no support and will be gratifying.


 3 Replies

Arul Kumar (Legal Consultant & Professor at Law)     24 August 2009

Let the daughter approach the bank manager, definitely she will get relief. The banker will provided necessary suggestions to proceed for the claim. She may have to provide an affidavite establishing her heirship of the said accounts. She may also get necessary help from women's social organisation as she is not financially strong to proceed on her own.

Kiran Kumar (Lawyer)     25 August 2009

i dont think the bank will release money only on the basis of affidavit, she will have to file a suit for a declaration to the extent her mother and brother are missing for the last more than 15 years so to be presumed dead.

and also she will have to procure succession certificate from the court to prove here genuine claim.

Sibsankar Datta (Freelance)     04 September 2009

Thank you so much for the guidance. However, please let me know if possible, as to whether the Human Rights protecting Bodies can certify and whether their certification can be valued by the Bank authority in lieu of the FIR, to substantiate the Claim?



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