Nominations in bank fdr account
PEACE KAMAL
(Querist) 08 March 2017
This query is : Resolved
We r 3 brothers.My father had bank'fdr of which one of the brothers was apointed as nominee .on the death of father he withdrew the amount of all FdR's.and did not divide the amount and gave us our share. He appropriated entire amount towards himself alone. Can we claim our share by filling suit in the court.whether as per law we are entitled to claim our share. Can we request honbble court for injuction on the amount withdrawn by my brother from Bank
r.sathyanarayanan
(Expert) 09 March 2017
Yes,all of you including your mother have each one share in the FD.send a notice to your brother and if reqd file a suit.
Ms.Usha Kapoor
(Expert) 09 March 2017
You all including your mother have equal shares in the FDRs of your father. you can file A SUIT FOR INJUNCTION AND YOU R SHARE IN THE fdrs AGAINST YOUR BROTHER. your BROTHER AS NOMINEE IS HOLDING THE SHARES in trust ON BEHALF OF YOU ALL.HE HAS NO LEGAL RIGHT TO WITHDRAW THE FDR AMOUNT AND APPROPRIATE THE ENTIRE AMOUNT TO HIMSELF.HE IS DUTY BOUND TO PAY each of YOUR SHARES TO YOU all IN THE FDRs left behind by your late father as nominee.
Kumar Doab
(Expert) 09 March 2017
Agreed with experts.
Guest
(Expert) 09 March 2017
Agree with Madam RK Goyal
Dr J C Vashista
(Expert) 10 March 2017
I disagree with the expert advise of Ms. Usha Kapoor on the point of seeking an injunction against the nominee since the stage is already stated to have been over and the nominee has utelised the amount of FDRs. Legal Representatives of deceased should have sought injunction before withdrawal of the amount from the Bank.
At this stage filing a Suit for recovery of the amount of share of each/individual LR of deceased is the course of action and option available.
Discuss with your lawyer or seek help and guidance of another prudent local lawyer.
Guest
(Expert) 10 March 2017
Seems to be an academic query. However, if somewhat true, you have rightly been advised by Dr. J C Vashista.
PEACE KAMAL
(Querist) 19 March 2017
For u every query of members is academic query.Easy to reply
Guest
(Expert) 20 March 2017
Mr. Kamal,
If you don't post academic queries, you seem to be only litigation savvy fellow, who usually invite or pose legal problems for you & others.
The nature of query, itself reveals whether the query pertains to any real or a hypothetical problem.
Your question, "Can we request honbble court for injuction on the amount withdrawn by my brother from Bank" itself was quite irrelevant, as you are always free to file any suit in a court of law with request to the court to admit any claim of your, but subject to admission by the court.
So, where is the question of barring you not to make any request to the competent court?
Your another question was about, injunction on property at the following thread: "http://www.lawyersclubindia.com/experts/Injuction-on-property--635436.asp
But you have not come forward with case history, even on asking. Instead of coming forward with case history, you asked another supplementary question, "After filing comprise can we proceed with registration of property."
The real problems always have case histories/ background, not the hypothetical academic queries, like yours.
Dr J C Vashista
(Expert) 20 March 2017
Rightly analysed by expert Mr. PS Dhingra, I fully support, agree and appreciate.
You should refrain yourself from posting such academic query on this platform since it is/was created and meant for a social cause to help needy litigant FREE OF COST and not to solve your examination paper. It is ridiculous and absurd.
Guest
(Expert) 20 March 2017
Dear Dr. JC Vashista,
Thanks for your full support. In fact the problem with law students is that instead of admitting their fault, they usually adopt arrogant attitude and prefer to make allegation against the person, who pinpoints towards their academic queries.
Kumar Doab
(Expert) 20 March 2017
Dear LCI Querist Mr. Peace Kamal,
NO query is academic Query.
LCI owners and admin have not created any option to rate any query as Academic or Worthless.
Kumar Doab
(Expert) 20 March 2017
From both threads it is clear that you already have your local counsels.
Your queries have been replied by experts.
Your local counsel can help you further at your location.
Guest
(Expert) 20 March 2017
Good stunt by Mr. Doab, a fake expert with adopted name of Doab, which represent "two rivers", Satluj & Beas of Punjab.
MR. DOAB, AS YOU CERTIFIED, "Your queries in this and other thread are not academic," IT SEEMS, WITHOUT EVEN SEEING THAT OR TELLING BY THE AUTHOR, YOU KNOW MUCH BETTER THAN MR. PEACE KAMAL, ABOUT HIS PROBLEM IF REAL ONE!
OK, Mr. Doab, if you think the query to be not an academic query, you should give correct answer to the problem of Mr. Peace Kamal, as the replies of both Shri Vjayan and Rajendra K Goyal contradict each other's reply.
According to Shri Vijayan, "Both can be simultaneously or severally done," while Shri Goyal has replied, "Let the court pass an order on the basis of compromise filed in the court."
SO, MR. DOAB, DECIDE, WHO OF THEM HAS CORRECTLY ADVISED.
ALSO, PLEASE EXPLAIN, WHAT DO YOU UNDERSTAND BY INJUNCTION AND WHAT FOR THAT HAS BEEN OBTAINED, IF YOU KNOW THAT THE QUERY IS NOT AN ACADEMIC QUERY?
ALSO, IF YOU KNOW THAT THE QUERY IS NOT AN ACADEMIC QUERY, YOU MAY BE KNOWING THE CASE HISTORY. SO, WHY DON'T YOU GIVE CASE HISTORY, IF THE AUTHOR IS NOT WILLING TO DO SO?
By the way, Mr. stuntman Doab, why and from whom you are afraid of posting your real identity with real name and photo in your profile at LCI?
Kumar Doab
(Expert) 20 March 2017
@ PSD,
Your personal, private, exaggerated claim on fractional, or full support on Vashistaji does not matter.
He is independent expert of LCI and is at liberty to share his views.
Kumar Doab
(Expert) 20 March 2017
@ PSD,
Double Persona/Dual personality
Member Since : 18 January 2011
http://www.lawyersclubindia.com/profile.asp?member_id=98620
Member Since : 16 June 2016
http://www.lawyersclubindia.com/profile.asp?member_id=356867
Today you have attacked 5-6 querist/authors of LCI in threads initiated by them.
Today you have attacked me from early morning to late evening in threads.
Thus you have done nothing today also other than littering your trademark nuisance again at LCI.
It is loudly visible that you are extremely perturbed and disturbed (Preshaan).
Your extreme levels of disturbance are due to your own problems with your own persona.
You need to treat these on your own and/or thru your own physicians.
Kumar Doab
(Expert) 20 March 2017
@ PSD,
Out of good nature I have wished you eternal peace and sleep many times.
Kumar Doab
(Expert) 20 March 2017
@PSD,
Wishing you eternal peace and sleep in this thread also.
