Legal Question in Banking Law in India

My husband was having FD in the bank of Rs.200000.He passed away last year. FD is not having any nomination and one of my niece claiming the FD amount by getting Forge Succession certificate on the basis of my husbands name in his high school certificate. But another FD in Same bank is having my name as nominee. what is the procedure to get the money of FD not having nominee?


Asked on 4/18/14, 3:34 am

2 Answers from Attorneys
Sunil Goel S.G. SOLICITORS

You have not stated whether you are a hindu and whether you have any children and if yes, what is their age. Be that as it may, normally the branch manager release the money to spouse on spouse giving undertaking and indemnity that in case any dispute arise later, spouse will return the money. But in your case, dispute has already arisen with your niece claiming the money from bank. Succession Certificate is granted by the District Judge court after a detailed exercise wherein notice is issued to all concerned. Find out which court issued succession certificate to her and whether there are any irregularities ands manipulations. You may challenge the said certificate in court and in the meanwhile request the bank manager not to release money to your niece.

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Answered on 4/18/14, 3:50 am
Fca Prashant Chavan Expert Edge LLP

19.04.2014

Dear Madam,

You should submit evidence of your Marriage Certificate and other documentary evidence that you are his legally wedded wife, and stake your claim on your husband's FD which is without his nomination.

Regards,

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Answered on 4/18/14, 7:31 pm


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