Legal Question in Banking Law in Pakistan
I want to share / discuss and obtain legal opinion on the hardships being faced by the Legal Heir / Petitioner of S.M.A. for release of funds from deceased bank's account in their favour from banks concerned after obtaining honorable Court's Succession Certificate. As you are aware that in obtaining Succession Certificate substantial time of 3 to 4 months is required and after having obtained SC, Banks do not release funds to the petitioner easily and swiftly rather they asked for many other documents including CNICs of all legal heirs, copy of death certificate, copy of PR Bond submitted in court, copies of special power attorneys of other legal heirs in favour of petitioner etc.. Please advise is it legitimate for the banks to obtain other documents from legal heir / petitioner in presence of Succession Certificate. What remedy is available to the petitioner in law while facing such situation.
1 Answer from Attorneys
bank can require the proceedings in the court. nothing beyond is mandated in the eye of law, court's order is binding on all . it is against the public at large... give legal notice to the manager otherwise invoke the banking ombudsman jurisdiction.
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