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rajiv_lodha (zz)     20 May 2025

Death of primary holder in saving acc, fdrs lying without nomination

I have a joint saving bank account E/S category with my father
First holder, my father, expired few months ago. Some previous FDs done online in his single name, without opting for nomination (joint E/S saving acc, so he ignored it) are still shown attached with that account.

I duly submitted his death certificate and I was made first account holder by default, his name was deleted. 
Now the concerned Bank is not redeeming those FDs. My query is- (1) when Bank acknowledges the death of single primary holder of an FD, it must be immediately redeemed at death, so that the interest does not fall into the deceased account or PAN of such fellow. (2) The matter is delayed by bank for many months, how come the TDS deducted will be reflected in deceased 16A/26AS/PAN acc.

Please help with law points. I have already submitted affidavit signed by all the heirs, to discharge their respective claim in my favour



 11 Replies

Dr. J C Vashista (Advocate )     21 May 2025

Since the account holder (FDs) stated to have been died, did not nominate anyone as stated by you, the Banker is legally right asking for succession certificate / order from competent court.

However, joint saving bank account of deceased with you, where name of deceased has already been deleted, it (SB a/c) has no connection /relation with above (FDs) account.

rajiv_lodha (zz)     21 May 2025

Obtaining succession certificate from court is lengthy, costly and tedious process.

If it takes few months more, how will the interest accured on this FD will be dealt with as far as income tax rules are concerned 

Submission of affidavit from legal hairs may not serve the purpose?

Can anybody post some court/income tax rule or clause which deals in detail with such FDs without nomination

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 May 2025

When an account is held under more than one name such as Either/Anyone or survivor/s or Former or survivor/s, if and when an account holder dies and authoritative intimation of death of the account holder is given to the bank, the name of the deceased account holder is deleted and the surviving holders are retained as account holders. This applies to both savings accounts and FD's.

If the account is held under a single name without nomination the account will be closed and held under suspense. This will apply to any interest or other amount accrued to the account also. Any claimant to the amount will have to give evidence to the satisfaction of the bank that he or she is successor/heir to the estate of the deceased.

T. Kalaiselvan, Advocate (Advocate)     21 May 2025

There are two subjects discussed by yoiu through your posts here.

One is the savings bank account which was opened on joint names with E or S facility, hence the joint ccount was cancelled and converted to single account upon death of the joint account holder.

Whereas the FD account was opened by the account holder as a single person, and he did not nominate anyone hence that FD death claim amount shall be disbursed to the legal heirs/successors in interest only and not to the joint account holder of the erstwhile joint savings bank account.

If you want to claim the amount in the FD account then you may have to follow the law/rules in this regard by producing the legal heirship certificate or a succession certificate issued by court of law or to comply with any other legl formality as instructed by the concerned bank.

The time taken and the delay to procure them is not the problem of the bank, the bank will follow the prescribed law in force and cannot be flexible in this regard to alllow your problems to put pressure on them in this regard. 

The rules were framed for the convenience and safety or for following precautionary mesures for the safety of the  depositors and their money deposited, you should not agitate over the lengthy procedures of law, it is common for all and not a particular law to you alone.

Ramesh Chandran   21 May 2025

Since the FDs were in your late father's sole name without nomination, the bank cannot redeem them automatically—even though you're now the primary holder of the joint account. However, since you've already submitted the death certificate and a legal heir affidavit relinquishing others' claims in your favour, the delay is unjustified. As a corporate lawyer would confirm, once the bank acknowledges the death, interest post-death shouldn't accrue under his PAN, and TDS should not be deducted in his name. This is a procedural lapse. You should escalate in writing to the Branch Manager and, if unresolved in 30 days, file a complaint with the RBI Banking Ombudsman. You also have the right to claim compensation for undue delay and incorrect TDS reporting.

T. Kalaiselvan, Advocate (Advocate)     21 May 2025

There will not be any interest added to the FD beyond the date of maturity or after the date of death of the account holder especially if the bank has been duly informed about the death  of account holder. 

Hence you don't be worried about the interest aspect, it will be solved automatically when the FD amount is settled by the bank tio the legal heirs. 

rajiv_lodha (zz)     21 May 2025

Thanks to all experts who have replied. Further one point arose today. Getting succession certificate from court of law is very big financial burden. They charge 2.5% as court fee (of the total amount released), hence in my case, its too much as my stuck amount is large

One term 'Kursinama'/ genealogical certificate is issued by tehsildaar/patwari office, which authenicates (under seal) about legal heirs of deceased. Can this certificate be submitted & the amount be equally distributed/released to all 4 legal heirs?

Dr. J C Vashista (Advocate )     22 May 2025

No.

Kurshinama do not confer / transfer title of subject property. 

T. Kalaiselvan, Advocate (Advocate)     22 May 2025

In the context of a court, a kursinama is a genealogical tree or lineage record, often used as evidence in disputes related to inheritance or property rights. It's a document that details the family tree and relationship of individuals involved in a legal case.

In some regions, kursinamah are also kept as official records by government officials, like the patwari, who document land shares, rent, and other details related to property ownership .

Hence you may obtain this document and produce it before the bank officials along with the claim form, if they accept it then you can proceed or if the insist on succession certificate alone then you have no options than to obtain the succession certificate by a court decree. 

1 Like

rajiv_lodha (zz)     22 May 2025

Thanx a lot for valuable n comprehensive inputs 

T. Kalaiselvan, Advocate (Advocate)     23 May 2025

You are welcome for your appreciations. 


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