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murali (SA)     25 July 2021

process to distribute legally of death claimed amount by nominee to other heirs

My mother 75 age passed away in March 21. She was a family pensioner and canot sign operates bank account by thumb impression. Her husband died 10 years ago. She has 5 LRS. 1elder son, 4 daughters. Iam 4th daughter She has been staying in her husband house in Hyderabad. Iam staying beside my mother's house and taking her care by appointing a maid. She nominated me for her bank account and bank authority entered my name as nominee in the system 2 years ago. 3rd daughter who stays 10 kms away has the latest bank pass book of Andhra Bank and I have 1 year ago passbook of Same bank account. And now Andhra Bank merged to Union Bank. All accounts are now came under Union Bank. After death of mother I approached Union Bank they gave me a NEW UNION BANK PASSBOOK of my mother. . By submitting this new passbook I have claimed the balance amount by enclosing necessary documents and LATEST NEW UNION BANK PASSBOOK without intimating 3rd daughter and others . Bank authority settled and transferred the entire amount to my account. Now they got this message and 3 daughters (who not taken care of my mother) came to me and told without intimating us you cheated us and got transferred the amount. They claiming me to transfer to thier account their 1/5 each of their share amount. And my elder brother who stays in other town not taken care of my mother is telling me that I paid 5 lakh for my mother when she was hospitalised but refused to take his mother to his home and left in my mother home. Now he told it is my amount though Iam staying beside her house and taken care .I am ready to distribute the amount equally. But brother denies and told orally let the amount be in bank only in my account. They r telling to open joint account on 4 daughters name and transfer this amount till this dispute solved because you cheated us. My question 1).What is the legal process to
distribute the death claimed amount to all LRs without any problem to me in future from my brother who paid 5 lakhs while my mother was hospitalised and not coming to talk this dispute now. 2). Can I open a new joint bank account on 4 daughters name who can't operate single and transfer this entire amount to the newly opened account. 3). Is there any right to me and provision to deposit this amount to any court in Hyderabad till settle this dispute.If I have right which court to deposit 4). What is my duty about this amount


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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 July 2021

According to Indian law, nominees have the right and duty to facilitate transactions in case of the unfortunate death of the legal owner of the bank account i.e. your mother.. They will get the bank balance amount of deceased (your mother), and keep it until they are legally bound to transfer it to the legal heirs of your mother.

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murali (SA)     28 July 2021

Thankyou very much for your suggestions sir. But brother denies to distribute the amount equally and also not coming to discuss the matter with us. Could you please suggest the process to distribute the amount equally among us 5 legal heirs I.e. me, my 3 elder sisters and one eldest brother.

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