Claiming fixed deposit of deceased person from HDFC bank
Vinoth S
(Querist) 28 March 2016
This query is : Resolved
My father in law had a huge amount in fixed deposit with HDFC Bank. Few days back he passed away due to heart attack. My wife went to check his bank details and the manager at HDFC Bank said that he is having an huge amount in fixed deposit but failed to reveal the amount even after showing his the receipt from the burial ground and passport and ration card to prove that she is her only daughter.
Now the problem is recently my father in law has nominated a third person where she is no where releated to our family for that fixed deposit. Now the bank manager says that he will hand over the fd to the nominee only if she claims it. But my wife is the only leagal heir since her mother is also passed away few years back.
We are yet to get the legal heir and death certificates. Isn't my wife has rights to claim the fixed deposit as she is the legal heir.
Kindly advise me regarding this.
Kumar Doab
(Expert) 28 March 2016
Bank can discharge its responsibility by making the payment to nominee, if the A/c has valid nomination
In your case probably the deceased depositor did not collect the FDR's.
The bank can stop payment to nominee if there is order from court.
Until then try to submit objection to bank under proper acknowledgment.
If the said nominated lady is legitimate wife or even daughter then she has equal share with your wife.
Consult your lawyer.
Rajendra K Goyal
(Expert) 29 March 2016
Well advised by the expert.
submit letter to the Bank not to release the payment to the nominee, meanwhile try to get court orders to stop payment to nominee, with the directive to Bank to submit details of deposit accounts / details of all accounts of the deceased.
Proceed to get the succession certificate / orders from the court to release payment in your favor.
A. A. JOSE
(Expert) 29 March 2016
Unless there is a stay order from the Court of competent jurisdiction, the Bank Manager is bound to make the payment to the registered nominee if he/she makes a claim for the same and the Bank will be discharged of its responsibility. If that is done, all legal heirs of the deceased has right to claim their share from the Nominee by initiating appropriate proceedings in the court of law if the Nominee fails to do so.
