My friend's (X) father (Y) and his elder brother (Z) lived together, both were deceased. Z had not married. Y is survived by his wife (A) and X. in the Family card(Ration card) issued by Government, Z is family head and Y, A and X are family members.
During their survival, Z and Y deposited Rs.1,00,000/- in Bank Fixed Deposit, jointly in their names, nominating A as a nominee. Since both Z and Y died, In the absence of the WILL (Both by Z & Y) A" claimed the deposit money in the status of Nominee as well as the legal heir of Y.
Bank refused to credit the proceeds to A and asked for legal heir certificate through court.
Tahsildar returned (not in writing) the Legal heir application of "A" and informed to get the legal heir certificate through court.
The query is :
Whether "A" the nominee, can get legal heir certificate in her name from Tahsildar or only X or both. whether Tasildar refusal is correct?
Can A and X get a legal heir certificate through court? It is also be noted that X & Y were having 2 elder brothers and 2 younger sisters, all are deceased. but the elder brothers wives and children are alive without any communication with A and X.
Request the legal experts to give advise to my friend X.
