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.
6 Answers from Attorneys
Re: Deposit
An application will have to be made. However, such procedure will vary from bank to bank. Therefore you should consult your bank
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.
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.
Re: Deposit
approach the Bank
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.
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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