help for deceased account claim


Hi,
My father expired in Apr 2012 in Nagpur, Maharshtra,and left behind my mother, me and an elder sister who resides outside india.
My father maintained a savings account and PPF account in SBI, nagpur branch with amount more than 1 lakh
I have submitted an application for the claim with my mother as sole claimant and i have signed the letter of disclaimer, however, since my sister in not in india , she will not be able to sign this letter. Bank authorites are demanding her signature.
Please guide us what are the solutions in this case or what steps can be taken to solve this issue
will providing legal heir certificate will suffice and my mother can get the claim without my sisters signature

Thanks,
Usha

 
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RTI & CONSUMER ACTIVIST

You need to send all the papers to your sister so that she can sign in her country and return back to you. Please get all the papers requiring her signature prepared by bank officer duly stamped in India and send to your sister, so that she can sign and get notarised in one go. It may take 15-20 days only as international couriers like blue dart etc deliver within 5-7 days any where in world.

In Heirship certificate only names of heirs are mentioned and does not authorise heirs to collect claim amount. Succession Certificate from court would be costly and time consuming and courts will also requre your sister's signatures for it. 

 
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FIN

Mr. Shah has given valuable advice. Kindly follow it.

After the demise of customer bank is discharged of its responsibility by disbursing the payment to nominee of the deceased.

Regulators and watchdog like RBI, BCSBI { ceo.bcsbi@rbi.org.in}

     have issued clear guidelines to banks in this regards. IBA {www.iba.org.in} has also posted these guidelines. Copy is attached.

“insistence on production of legal representation is superfluous

and unwarranted and only serves to cause entirely avoidable inconvenience

to the survivor(s) / nominee and would, therefore, invite serious supervisory

disapproval.”

 

Banks have to post the guidelines at their website and all guidelines should be available in the bank. BM is responsible and accountable. There is a clear set of instructions of Citizen Charter, Grievance Redressal/Escalation Matrix. You may check on the bank web site or demand a copy from BM. You can also demand to let you go thru Bank Manual.

If none of the legal heirs/immediate family members have raised any objection why the BM of the bank has asked you to sign “No Objection”?

If your mother is nominee she may stake the claim from bank and she should disburse amount to legal heir as per their share. If all other legal heir wants to relinquish their share/right they can do so and the lady may keep the document safely with her.

 

20. Settlement of claims in respect of deceased depositors –

Simplification of procedure.

20.1 Accounts with survivor/nominee clause

20.1.1.In the case of deposit accounts where the depositor had utilized the

nomination facility and made a valid nomination or where the account was

opened with the survivorship clause ("either or survivor", or "anyone or

survivor", or "former or survivor" or "latter or survivor"), the payment of the

balance in the deposit account to the survivor(s)/nominee of a deceased

deposit account holder represents a valid discharge of the bank's liability

provided:

20.1.2.

insistence on production of legal representation is superfluous

and unwarranted and only serves to cause entirely avoidable inconvenience

to the survivor(s) / nominee and would, therefore, invite serious supervisory

disapproval.

20.4 Treatment of flows in the name of the deceased depositor

20.5 Interest payable on the deposit account of deceased depositor

  20.6 Time limit for settlement of claims; 15 days.

PPF a/c; Nominee can not continue account of the deceased subscriber in his/ her own name.

Public Provident fund scheme, 1968 - GSR 1136, dated 15-6-1968

(6) Notwithstanding the provisions contained in paragraph 9,-
(i) if a subscriber to an account in respect of which a nomination is in force dies, the nominee or nominees may make an application in Form G, or as near thereto as possible, to the accounts office together with proof of death of the subscriber and on receipt of such application all amounts standing to the credit of the subscriber after making adjustments, if any, in respect of interest on loans taken by the subscriber, shall be repaid by the accounts office itself to the nominee or nominees : Provided that if any nominee is dead the surviving nominee or nominees shall, in addition to the proof of death of the subscriber, also furnish proof of death of the deceased nominee;

 

 

 

Valuable advice of learned experts/members is sought.



Attached File : 1008536134 deceased depositor account 57cs010709 full.pdf downloaded 69 times
 
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@ J. P Shah:  Thank you for the advice. I too advised the same thing to the bank, but they are not ready to accept this solution.They are insiting that my sister should come down to their branch to sign the papers. Is it possible that my sister send a letter of disclaimer, notarised by Indian embassy their. will that suffice?

@Kumar Doeb: the details provided by you is valuble , but my father did not nominate any of us in his PPF or savings account. Kindly guide

 
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FIN

20.2. Accounts without the survivor / nominee clause

In case where the deceased depositor had not made any nomination or for

the accounts other than those styled as "either or survivor" (such as single or

jointly operated accounts), banks are required to adopt a simplified procedure

for repayment to legal heir(s) of the depositor keeping in view the imperative

need to avoid inconvenience and undue hardship to the common person. In

this context, banks may, keeping in view their risk management systems, fix a

minimum threshold limit, for the balance in the account of the deceased

depositors, up to which claims in respect of the deceased depositors could be

settled without insisting on production of any documentation other than a letter

of indemnity.

 
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