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ANJU P V   27 August 2020

if the legal heir not signed

The ornament is used as security for agricultural loan by the deceased person earlier.but now the loan were closed by wife of deceased person,and the securities under safe custody of sbi bank .wife of deceased is the real owner of ornaments.The bank argue the need for sign of all legal heirs to get that ornament back.one of the legal heir of deseased were not ready to sign.what is the legal procedure to get the ornament back to wife of deceased?


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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 August 2020

Nationalised banks have rules that are in essence provided for through the government. The bank may therefore require all the surviving legal heirs to sign off on the clearance form . However, if you can obtain a letters of administration or a succession certificate from the court, then the bank may not require the other heirs to sign off. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 August 2020

This is a very difficult situation. In order to get succession certificate also you will have to contend with the legal heir refusing to sign. Try to find out what exactly the refusing legal heir wants and settle the matter amicably.


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