Fd amount of my father

You can issue a legal notice to your mother and sister asking for your share out of the bank money they withdrew which belong to your deceased father, if they do not comply, file a suit for recovery of the same from them through a civil court.

Is your mother holding the  cash and has she transferred part of the funds to your sister as the latter's share or as gift? Did you ask your mother? What did she say? Had your father written any Will? If so what has been written in the Will?

Your sister filed the civil suit for the partition when your father was alive. Did the suit include cash assets also?  I presume the suit would have been filed against your father. After the death of your father the situation completely changed. Between whom is now the case? Are you now a party to the suit?

Generally parents love all their children equally and will not show any discrimination. From what you state there appears to be discrimination. What is the reason for that? Are you married? Were you married before your father's death? How was and how is the relationship between your wife and your parents. What is your occupation? What are the occupations of your sister and mother? If your sister is married what is the occupation of your brother-in-law?

Section 45ZA(2)(Banking Regulation Act) merely put the nominee in the shoes of the depositor after his death with the exclusive right to receive the money lying in the account.

Thus, no doubt, a nominee can only receive the money of a bank depositor who has died but the person cannot claim to be the absolute owner of the money lying in the account .

As per the recent verdict of the Honourable Supreme Court, the  money lying deposited in the account of the original depositor should be distributed among the claimants in accordance with the Succession Act of the respective community and the nominee cannot claim any absolute right over it.

Whatever may be the law the practical situation takes precedence. The law may say that nominee only can receive the asset and the asset belongs to the successors under the law. It is not incumbent on the nominee to go in search of the legal heirs. It is for the legal heirs to claim the asset from the nominee or the holder of the asset in this case the bank. In another case it may be a housing Society. The bank is not bound to take cognisance of claim from individuals. If the bank is to be prevented from transferring the amount to the nominee's account a court order should have been obtained.

In the case of volatile assets like cash quick action through court is necessary. Otherwise the asset can vanish without a trace.

In most cases the nominee will be one of the heirs if not the sole heir. In the  absence of any claim for a very long time the nominee may de facto become owner of the asset. In most cases that is what happens.