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arun   10 April 2017

Fd without nomination

My father took 2 FDs in SBI. But he did not nominate anyone in FD.Also he does not have any will. He left behind my mother and we three siblings. SBI tells in our case now all legal heir have to sign papers. But one of the sibling does not want to sign any document related with FD. Bank is insisting signature of all legal heir compulsory. Amicable settlement was not possible at all as that sibling is quarellsom . Should we leave the idea for getting FD amount ?



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 41 Replies

Kumar Doab (FIN)     10 April 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     10 April 2017

Apply for legal heir certificate for ClassI legal heirs i.e. Mother,wife,sons,daughters..

Usually O/o Tehsildar issues it, after inquiry.

Check from Bank if legal heir affidavit is acceptable to bank.

This could be issued by say: Center for Covenience of Public in DC office e.g; Suvidha Kendra.

Obtain death certificate, Legal Heir certificate and submit to bank.

Kumar Doab (FIN)     10 April 2017

The Bank might be asking to sign Declaration/Disclaimer in favor of one person in Family/Legal heirs so that bank can pay to oner person and close the matter. You may request the bank to pay respective share as per legal heir certificate/affidavit. Avoid reporting dispute to Bank or it may seek legal opinion and may ask for succession certificate from court.

arun   10 April 2017

yes . we are Hindu.

Kumar Doab (FIN)     10 April 2017

All ClassI legal heirs have equal share.

arun   10 April 2017

sir including mother we r 3 siblings. mother and two siblings are signing the papers but only one is not signing papers. Even we two siblings are ready to give our share to our mother. Bank clearly told ' we want signature of all ' .

arun   10 April 2017

if any one wil not sign bank wil not disburse any amount.

Kumar Doab (FIN)     10 April 2017

"Even we two siblings are ready to give our share to our mother."

For such disclaimer: Bank need signature of all.

Bank is right.

Try to get respective shares of everyone and later you and others gift to Mother.

or let one legal heir that does not agree collect his share.

 

 

 

arun   10 April 2017

bank is right. but wil it be acceptable to the bank if my mother and two siblings sign papers and then bank wil give share of 3?

we are ready to keep other"s share safe with bank.

but our headache is that that sibling is not coming in front and inking his sign. he told he wants whole otherwise he wont sign. anyhow he is also class 1 legal heir.

Kumar Doab (FIN)     10 April 2017

If Bank senses there is a dispute it may ask succession certificate from court.

Settle amicably.

Involve other neutral elders of the family.

Kumar Doab (FIN)     10 April 2017

Since as per succession/persoanl laws applicable in your case: he can not have whole, therefore until or unless all of you by your sweet will decide to give him, he can not get whole.

arun   10 April 2017

sir in this way it seems we wint be able to take our FD. So Unfortunate. 

Some people suggested that as mother has all rights frst then children come. but  now i think she wil not get any advantage of her husband's money. 

very unfortunate and bitter. 

Kumar Doab (FIN)     10 April 2017

Request the bank to pay indivisual share to each one or 3 shares to mother and 1 share to unwilling son.

Discuss with BM, AGM, Circle Manager.


(Guest)

Succession certificate is the alternative or else, be ready to part with the prorata share for the non-signatory fellow.

 


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