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Rubi Singh   16 December 2018

Related to claim after getting Succession Certificate

Dear Sir/Ma'am, I am getting Succession Certificate after demise of my husband. Since bank has denied to give any details of bank balance or anything before and assuring to settle the claim only after getting succession certificate. I have old bank statement with me which I was submitted to civil court and court has granted the succession certificate to me detailing aforesaid bank's name, branch & customer id and amount alongwith my husband's other assets like MF and Shares. Now newly appointed bank manager has denied to settle my claim as bank's claim amount declared in succession certificate is very low wrt actual balance also there is a locker in my husband name in the same bank linked to same customer ID. Bank manager has asked to get succession certificate mentioning full amount and locker detail in it. I asked to settle the claim after getting indemnity bond and surities but bank manager refusing my request as claim amount is more than 20 lakh. Please help me what i have other options left with me to do other than to go to the court again. and if not then what is the the procedure to revise the succession certificate. i am worried and feels helpless. Please help me.


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 7 Replies

Suri.Sravan Kumar (senior)     16 December 2018

Did the bank file any counter in the Succesion OP filed before the court?

Rubi Singh   16 December 2018

No sir, bank has issued a letter to me detailing my claim and succession certificate and reason to refuse and updated balance in saving account and locker no. with unknown assets, to produce revised succession certificate.

Suri.Sravan Kumar (senior)     16 December 2018

pl call me

Siddharth Srivastava (Advocate)     16 December 2018

bank has no right to question the succession granted by competent court. the demand of bank manager is illogical and disgusting. you are not required to take any further succession. once succession is granted applicable in relation to all assets of deceased. file a representation along with certified copy of order to bank and demand the deposited amount and also obtain valid receipt and if bank does not comply then file contempt against bank and it's errant bank manager. consult a lawyer with detail.

Kumar Doab (FIN)     17 December 2018

You should have consulted before acting on your own.

Yournown LOCAL counsel should have guided you to include the known assets of deceased..e.g; locker in bank and involve Bank.

 

Apparently you have not listed all assets in prayer to court and Bank/banker was not made any party, as asked above.

GO thru; RBI master Circular on Customer Services; 19, 20, 21

And Claim form issued by bank.

Apparently Banker/BM has obtained legal opinion from Bank’s legal cell.

If Bank has appraised you properly upon submission of claim form with succession certificate then what is wrong in approaching court with letter of bank!

 If you want to agitate then submit your grievance to MD/CEO/Chairman of the bank

And CEPD; RBI

Or ask your own LOCAL counsel to issue legal notice to bank and get the reply.

Bank is likely to reply.

Bank/banker may not budge from IT's SoP, banking guidelines…

 

Kumar Doab (FIN)     17 December 2018

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife), Retired banker, retired Legal professional from bank’s legal cells,    etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Consumer/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Consumer/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Consumer/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion (2nd, 3rd) in writing.

 

And post what was opined by a very able LOCAL counsel as already suggested above.

Siddharth Srivastava (Advocate)     17 December 2018

Excellent reply sir. Pl. also suggest as to what legal inference can be drawn from the contents of reply. It would be of great help sir.

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