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Veera Pratap   01 May 2018

Fixed deposit claim after one's demise.

01.05.18

1. My father in law died during March 2009.
2. He left 10 lakhs in fd scheme after his retirement.
3. He was survived by 3 daughters and his wife.
4. All the daughters are married and I tied knot to his 2nd daughter.
5. Now I need cash to my family expenses and I hv decided to ask my mother-in-law, the sum of about 1/4 th of FD cash.
6. My mother-in-law is enjoying his pension amount after his death. And the interest credited out of the FD sum is since then enjoyed my m-in law.
7. Is this legally correct to claim 1/4 th of the FD amount as a legal heir from my m-in law?
8. Am I right on the following? :
a. The legal heirs can claim that FD amount after his death.
b. The legal-heirs are his wife and 3 daughters.
c. I have asked my wife to claim this money from her mother as we are now suffering with zero money towards our family expenses.


 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 May 2018

In the absence of a will by the deceased, both his self earned property and the ancestral property should be distributed equally among his wife, son and daughters.  Here, the legal heirs of the deceased are his wife, son, and daughters. So, each one will have their share in the property by default.  After A's wife's demise, her property will be divided among her legal heirs, i.e, her son and daughters in the absence of her husband. Obtain a legal heir certificate from the court of law for the claims.

 

Bhagwan Swaroop Bhatnagar (Chairman)     01 May 2018

1Who is the Nominee in the FD He only claim closer of the FD.
2 As I know, daughters can claim only in the Ancestors property
3 This process may take YEARS than how you will survive as you have ZERO balance.
4.If you claim 2.50 Lac,you have to deposit Court fee and Bear Legal expenses
BETTER to have other sources of income to survive
thanks

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