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HEMLATA SURESH KUMAR   09 October 2021

Legal heir

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.

 

 

 

 



 5 Replies

Dr J C Vashista (Lawyer)     10 October 2021

Presumably it is a hypothetical and not your personal case, let the queriest consult a local prudent lawyer for professional advise.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     10 October 2021

By using X Y Z etc you have created much confusion. It is better you consult a local able Lawyer with full facts and be guided suitably.

G.L.N. Prasad (Retired employee.)     10 October 2021

The only issue involved here is the Bank not settling the claim in favor of the nominee and insisting on those documents that are relevant to settle the claim.

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.

As per the nomination, the bank is bound to settle the claim in the name of NOMINEE Mr.A and except death certificate copy and ID of Nominee, as per the Nomination Act, no other document is needed.

Issue a notice to the bank to settle the claim in the name of the nominee, if there is no court order against such settlement.  Every bank has uploaded about such settlement in their website, go through such laid down procedure.

P. Venu (Advocate)     10 October 2021

Yes, the Bank is required to honour the nomination, without insisting for the legal heir certificate or succession certificate. the issue could be taken up with the higher officers or the Banking Ombudsman.

K Rajasekharan (Advocate)     12 October 2021

Your query is quite confusing because you have not described the relationships in a lineal manner starting from the older generations.

However, one thing seems to be clear. The person A is eligible to collect the deposit amount by exercising his right as the nominee (but not as a legal heir of one of the depositors) of the deposit, as per banking regulations the particular bank is bound to follow.

To get a better understanding of the role of the nominee in similar situations based on RBI regulations and Supreme Court orders, please go through my write up, carrying some links, available at https://lawwatch.in/challenge-between-the-legal-heir-the-nominee-regarding-the-deposit-of-the-deceased/

 

 


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