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SUBRATA HALDAR (Manager)     26 April 2020

Money in bank after death.

My friends father has died on yesterday keeping him and his brother as legal hire. My friends father has Fixed Deposit in bank and his father nominate his brother for the FD. My friend want equal distribution of the money kept by his father but his brother is not agreed. How can my friend get half of the amount kept by his father as FD ? Please guide.


 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 April 2020

Only nominee person can get the F.D. 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 April 2020

1. Friend would need to serve a Legal Notice or Caveat to the Bank, restraining Bank, not to pay anything to the Nominee and stating that succession matter is being filed in Civil Court, against Brother and Bank.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

Suri.Sravan Kumar (senior)     26 April 2020

Nominee is only the custodian to receive the money. when once the bank pays the money to the bank the liability of the bank gets discharged. The Nominee has to deliver the money to the legal heirs of the deceased.

1 Like

manohar   26 April 2020

Issue legal notice to brother of your father if he fails to retun the FD money received from Bank to legal heirs as nominee is not owner of the said money

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     28 April 2020

It is necessary on the part of your friend to issue immediate notice to the Banker specifying that as one of the legal heirs of the deceased ,your friend is going to file succession case soon and therefore,the Banker is directed not to disburse any sum to the nominee till the disposal of that Succession case.Nominee is merely a custodian of that FD and that's why can't supersede the successors of the deceased.It is extremely necessary on the part of your friend to file a Succession matter before the Court of Law within whose jurisdiction the deceased last resides (at the time of his death)....Sinjari Banerjee,Advocate from Kolkata,9830019661,9830011829


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