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Miten Dabhi   31 August 2022

Husband expired without will and bank asking for legal heir certificate to transfer fd to wife?

My father expired in Feb 2022 and did not have a WILL.

My father had filled nomination forms for all his assets except for a fixed deposit at his bank.

As a best practice my father did sign on the withdrawal section behind the FD.

Now the bank is asking for a legal heir certificate to transfer FD to my mother. They are refusing to accept, Ration card, passport, marriage certificate as evidence of legal heir to process the FD withdrawal.

I understand that obtaining a legal heir certificate or succession certificate is an onerous and expensive affair - what alternatively can be done to sufficie the need?

Would appreciate guidance.




 4 Replies

Sidhhi   31 August 2022

Yes it takes time to obtain Legal heir certificate besides the cost involved. But there's no other option bank/s have to help you. Please consult local counsel.

Ashwini Musale   02 September 2022

where is the said bank

Miten Dabhi   04 September 2022

Ashwini..the bank is in Mira Road, Thane 

P. Venu (Advocate)     04 September 2022

Yes, in the absence of nomination, you need to obtain succession certificate. Please note that not only your mother, every legal heir inherits the movable as well the immovable properties of the father, left intestate.

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