Legal Question in Banking Law in India

dear sir,

my friend's father appointed his two son and wife as a nominee for his fixed deposit. and died, after three month the elder son died. and he has a daughter. now while contacting the bank manager he says only other two nominee has a right to climb and the elder son's daughter who is a legai heir. dont have the rights is it true?


Asked on 6/17/11, 8:48 am

4 Answers from Attorneys

Vishwa Arya Arya & Co.

it is incorrect. the daughter's remedy is to make her claim before the bank or she should file an application for succession certificate before the Administrative Civil Judge for the deposit. Meanwhile she may obtain a stay on the release of the amount in the same case.

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Answered on 6/17/11, 9:50 am
Sanjay Kalra Sanjay Kalra & Associates

Yes this is true. The legal heir of the deceased son has no right .

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Answered on 6/17/11, 11:12 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

the legal heir of the deceased can claim from nominees and not from the Bank.

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Answered on 6/19/11, 6:34 am
Pravin Vaidya Independent

Nomination recorded by the bank must contain % of amount available to the nominees.If not all the three will get equal share of maturity value of deposits i.e. 33.33% each. Elder son's daughter has right to take the custody of her entitlements provided she produce the succession certificate and undertakes to dispose the money as per will of deceased grandfather or as per succession certificate obtained by heirs of the deceased grand father. Please note nominees get only possession of the deposit amount and not ownership

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Answered on 6/19/11, 8:01 pm


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