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Syed Abbas Samsudeen   26 January 2022

Deceased claim settlement @punjab national bank without nominee

Hi my father who had a Current Account at Punjab National Bank, Periamet Branch @ Chennai, Tamil Nadu. He had not mentioned any NOMINEE in the account. He expired on 26-06-2016 leaving some amount in his account. Since it was demonetization time my elder brother went to bank and Debit Freeze the account on producing death certificate of my father. After 1 and Half years my mother too expired. Before death he has made a business transaction and that money came in to the account which was around 13 Lakhs. When we approached the PNB branch they asked us to fill Death Claim form and give all KYC of all 3 legal heirs(Myself, My elder Bro and my elder Sister) & also Death Certificate of my Father as well as my Mothers and Legal Heir Certificate which has all our 3 names. They said they had sent to Head office for processing and again after few months when I went to enquire they said Legal Department has sent back asking for certain documents. Which had "Letter of Consent - Cum Relinquishment" , "Indemnity Bond with Surety" & since my brother is outside TN and my sister cannot come to bank they both gave me power to take the money so "Power of Attorney" document was asked after getting typed all and made ready with Notary Public Sign there after due to various personal issues we were not able to follow up. Then again when I went to the bank after Merger with Syndicate Bank has happened they asked me to give all documents again as they have lost it and they gave 2 more documents to make it ready which was "Agreement of Indemnity" & " Claim form(To Establish Identity of Nominee)". In that document they are asking for 2 witness sign. I am attaching that CLAIM form. Now no one is ready to Sign that witness because they are asking for Sign as well as Self attested ID proof of person signing with Seal. No one is ready to give their signed ID proof. So I need to know what is the way out to take the money out. Also wanted to know if anyone can help.



Learning

 5 Replies

Dr J C Vashista (Lawyer)     27 January 2022

Apply for and obtain succession certificate from jurisdicational civil court through a local prudent lawyer.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 January 2022

Obtain succession certificate. A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. Usually, a succession certificate is the key in the absence of a will, a succession certificate will be the primary document through which the heirs can stake a claim to the assets of a deceased relative For a succession certificate, one should need to apply to a magistrate or a high court

Syed Abbas Samsudeen   27 January 2022

Hi all thanks for the quick replies. But I am ashtonished to know why the Bank has not insisted upon getting succession certificate?

      Right now the bank says that since amount is above 6 Lakhs these documents are requested. Main issue I am facing is with "CLAIM FORM" which is needed to Establishing Identity of the Nominee which needs 2 witness signatures: 1. Magistrate or Judicial Officer (Or) 2. State or Central Government Officer (OR) 3. Bank Officer.

     Main problem is they need signature on this form with Self Attested ID card which should also have Seal. That is where no one is ready to give.

      Now my query is if we get Succession Certificate will the above procedures not needed? Will it make the process much easier? How will it make the process of getting money from Account easier? Can anyone please explain as I am new to this.

 

Aryan Raj   27 January 2022

In response to your query,

If there is no will, a succession certificate can be the principal instrument via which heirs can lay a claim to a deceased relative's possessions. A magistrate or a high court should be contacted for a succession certificate.

Under the Indian Succession Act, a succession certificate is a document that authorises the person who acquires it to act on behalf of the deceased in collecting debts and securities owed to him or payable in his name. You must try to get a certificate of succession. 

Regards, 

Aryan Raj 

G.L.N. Prasad (Retired employee.)     29 January 2022

First file RTI Application and seek information as follows with Rs.10/- rti fee..  First, find out the bottleneck or stumbling block and keep in possession of all documents as there is a deficiency of service for which you got a remedy under the CP Act.   You can also issue the following as Notice under CP Act to Bank after getting relevant information and to Banking Ombudsman.

Information solicited:

1. Please provide me certified copies entire correspondence received by the branch, made by the branch from claim application dt....................till date.

2. Please provide a timeframe fixed for settling such claims as per RBI/PNB policy and provide such a copy.

3. Please inform the reasons for inordinate delay and correspondence made with the claimant for due process till no.


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