Legal Question in Civil Rights Law in India

My mother has one daughter and four sons. I am the last son of her. My father died. He left fixed deposits and shares in which my mother is second holder. Some of the fixed deposits have had the nominees of my brothers and their sons. The first two brothers are very greedy. They have forced my mother to give away the fixed deposits. They have not yet sent even single paisa to her. My mother underwent both open heart and by-pass surgery. She needs money for her medicines and nourishment. I am doing as clerk in private school. With the low income I cannot maintain my family. Though mother is drawing pension, that amount is enough for her needs. I want to pose a question that can she convert all the fixed deposits and shares into money and utilize the money for her needs without the consent of her children?


Asked on 9/29/09, 1:26 pm

1 Answer from Attorneys
Pawan Jangid

Primarily it depends upon the status of mother in FD account and Shares. If she is the nominee, she may get the closure proceeds (Let your brother file a suit for getting their share if they are so greedy as you said).

If the deceased had not nominated anybody, the closure proceeds may be distributed among the legal heirs as declared by the court of law (or alternatively the same may be given to your mother provided she submits an indemnity cum undertaking alongwith affidavits of all sons/daughters for "No Objection/ relinquishment of right").

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Answered on 9/29/09, 2:07 pm


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