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Bank matter

(Querist) 04 January 2016 This query is : Resolved 
Mr X have 3 fixed deposit(Rs.3L) in bank without nominee,he had wife,one son, two married daughter. After death of Mr.X his wife claim that fd from bank in claim from,affidavit she does not mention her daughter name only mention her sons name & sons disclaim that amount of FD and bank make that payment to Mr X 's wife.now bank arise problem that Mr X had Safe deposit locker with her marriage daughter so bank said it is fraud or misleading to bank .Is is fraud how to get relife Mr.X's family from this problem. is it any punishable offence.
Kumar Doab (Expert) 04 January 2016
The bank is right.


Mrs. X may pay the equal share to daughter and submit receipt to bank and request to discharge her from the matter.


Or Mrs. X may face the complaint lodged by bank.

Or Mrs.X may return the funds to bank

Or Mrs X may ask the bank on how to close the matter.
Rajendra K Goyal (Expert) 04 January 2016
Yes it is fraud and can be punished if proved.

All the legal heirs jointly may request the bank to close the matter.
K.S.Srinivas (Expert) 05 January 2016
Mrs. X indulged in fraud. Bank may file a complaint against her. It is a punishable offense.
Sudhir Kumar, Advocate (Expert) 05 January 2016
are daughters willing to rescue her.
sourav (Querist) 05 January 2016
If all daughter disclaim that fd then also it is punishable offence, and what type of punishment?,party ask to bank manager but manager says they talk their legal section.Actually Mr X wife doesn't know the meaning of legal hire and she think that after marriage there is no claim of daughter
Rajendra K Goyal (Expert) 05 January 2016
If the daughters cooperate, Bank may think not to move legally. Generally Banks avoid such action, which was due to mistake and not with the intention to defraud Bank.
sourav (Querist) 05 January 2016
Daughter are always want cooperate but bank does not agree,actually they(daughter) not stay in kolkata also they do not claim that amount future.
Kumar Doab (Expert) 05 January 2016
Submit a declaration signed by one and all with copies of their ID's, first of all............under proper acknowledgment, to BM.




sourav (Querist) 06 January 2016
Mr X have 3 fixed deposit(Rs.3L) in bank without nominee,he had wife,one son. After death of Mr.X his wife claim that fd from bank in claim from,affidavit she mention her sons name & sons disclaim that amount of FD and bank make that payment to Mr X 's wife.Now bank arise problem that Mr X had Safe deposit locker with his nephew so bank said it is fraud or misleading to bank as nephew are legal hire and bank stop the operation of that locker.is it correct or bank harassed costomer.
Kumar Doab (Expert) 06 January 2016
In your first query the locker was with daughter and in last post it is locker with nephew!


Your original query has already been replied.


How many more queries you have?


Consult an able lawyer at your location.

sourav (Querist) 04 February 2016
As per first queries now bank said to submit letter of disclaimer of daughter with address & photo Id proof and fresh affidavit where mention all legal hire name. Please suggest if fresh document submit on early date then any problem arise?
Kumar Doab (Expert) 04 February 2016
Consult a local lawyer with all documents on record.


For such matter lawyer may charge a nominal fee but you will get proper guidance based on all record that you have and inputs that you give.
sourav (Querist) 23 February 2016
as per previous queries now bank manager said to change affidavit where mention all hire name also in form also.and submit other disclaimer of hire,on back date.also who stay in out of india she sign latter of disclimer which notarised in india also send her sign photocopy of passport & for signature verification bank said verify her signature by "SBI australia" signature scan with stamp seal and mail to india "SBI" on current date.
What i will do? please help

also i consult local lawyer he said no further document produce in bank but bank hold my all fixed deposit until produce all other document in bank .

please suggest me.

Kumar Doab (Expert) 23 February 2016
Apparently the manager is trying to help.


It is assumed that the affidavits already signed have not been scanned or saved or have not been recorded in record.If so, then it may help you.



However you may not act on your own and let your counsel well versed with bank matters advise you after examining everything.


From your posts it can be guessed that you
should take some senior, seasoned and wise person/counsel with you while visiting the bank, so that you are able to understand everything properly.



Till you and your adviser has understood everything, you may have patience.


Act with patience.



Also, GO thru 'RBI Master Circular On Customer Services; and clause 19& 20 and onward.

and bank's own deceased depositor policy framed in line with RBI guidelines.

sourav (Querist) 25 February 2016
I read'RBI Master Circular On Customer Services; and clause 19& 20 and onward.we follow all the procedure but my mistake we not mention daughter name & their letter of disclaimer.how to rectify &solve the mattre i could not understand and for this reason imprisonment occur? my other sister live out of india and they not return in india near future
Kumar Doab (Expert) 25 February 2016
Enough has already been posted in the thread.


If you are unable to resolve on your own, take help of an able counsel.


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