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Raj (Tech Lead)     14 April 2016

Claiming ppf outside the assets in letter of administration

Dear Forum Advisors,

After my wife's death, I had applied for Letters of Administration in Hon'ble High Court. I have a minor son also. My lawyer suggested me to make an FD in the name of my minor son's 50% share. I had made it and deposited in the High Court. My queries are:

1. Is it the right practice for minor children having 50% share in his mother's estate. 

2. In the list of assets, I had missed to mention my wife's PPF account. PPF account doesnt have a nominee. Letter of Administration has come now without an asset entry for PPF account. Is it possible to claim PPF amount from the bank? 

Kindly advise.

Regards



Learning

 3 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     16 April 2016

1) Minor's future economic protection is made out by the court is a good practice for his welfare.

2) You can apply to the case court that they should recorrect the letter of administartion by adding the PPF account of the deceased as this was left out only due to mistake and overlook. It may take more three hearings atleast to get endoced the PPF account in the same Judgement and letter of Administration.

3) On this issue your existing advocate would have upraised you accordingly? How ever if not please do as advised.

Raj (Tech Lead)     16 April 2016

Thank you Adv Anand Bali for your response. 

The Letters of Administration has taken 3 years to come. It has come in Jan 2016. 

PPF was missing in the application of Letters of Administration because my wife never mentioned to me ref PPF a/c in my married life, my father-in-law had the passbook of the PPF a/c, he deposited his own money in the a/c. 

Please note there is no nomination in PPF a/c, hence, only I can claim the amount as a legal heir stated in the Letters of Administration.(the issue is LOA order doesnt hold an entry of PPF a/c as an asset of my wife).

When I approached the Bank holding PPF a/c for my wife, the manager suggested they can grant death claim of PPF a/c on the basis of existing LOA (without PPF entry) and an Affidavit stating why the PPF a/c is missing in the application. 

Can I make an affidavit stating true reason of my father-in-law held the PPF passbook, he operated the a/c on my wife's behalf and I was never aware of it. Can I write in the Affidavit that I will return the claimed amount to my father-in-law because it was all his money (he has actually asked me to return the money!).

Is this possible? Or if you think this is not a legal practice, pls guide me.

Thanks you again.

Raj (Tech Lead)     16 April 2016

Please note I trust my father-in-law he will utilise PPF claimed money for my minor son's better future. I am also happy to give his money back to him if the death claim is approved. 

Is this a legal practice to claim PPF a/c with the help of LOA (without the PPF asset entry) + an affidavit mentioning all facts mentioned above?

Or is it advisable to make amendments to the LOA order to add PPF entry in it?

Kindly advise.

Many many thanks.


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