Legal Question in Banking Law in India

Deposit

I have a bank deposit in the name of A and B with Either or Survivor. If A has expired and B wants the deposit to continue with addition of the name of C in place of A. Whether the Bank can substitute the name on the same fixed deposit without any additional paper work.


Asked on 4/09/09, 7:53 am

6 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: Deposit

An application will have to be made. However, such procedure will vary from bank to bank. Therefore you should consult your bank

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Answered on 4/13/09, 5:24 am
J. Radhakrishnan independent Practice

Re: Deposit

In the given case, if A died, the survivor B becomes solely entitled to operate the account. On an application by him co-signed by the C agreeing to abide by the terms of deposit, C can be included along with B on either or survivor basis or jointly as per the said application. Paper work cannot be avoided and A and C will have to follow the particular Bank's procedure in this regard.

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Answered on 4/09/09, 10:06 pm
KLA RANU RANU LAW ASSOCIATES

Re: Deposit

In case of death of A then B can withdraw the money but B can not substitute A with C.

New account can be opened with any substitution.

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Answered on 4/10/09, 6:48 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Deposit

approach the Bank

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Answered on 4/10/09, 8:12 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Deposit

legally there is no bar but there is no mandate also. It may be in the discretion of the bank; The correct procedure the bank may want to follow could be : first transfer the money to the account of B and then make a joint deposit in the name of B & C on the application of both the parties.

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Answered on 4/09/09, 7:57 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: Deposit

Legally the bank has to satisfy that A is died then it trans the whole amount in the name of the B and then it jointly operated by B and c.

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Answered on 4/09/09, 12:01 pm


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