Huf fix deposits change in name of karta
INDIA FIRST
(Querist) 02 May 2023
This query is : Resolved
I have our late father's huf FDS with idfc first bank.my elder brother was a karta after father's death.Recently,my elder brother expired.Now,just to change the karta,idfc first bank is asking us to get legal heir/succession certificate from tehsildar.Tehsildar office says we don't issue any such certificate.we don't want to close deposits premature.please help
INDIA FIRST
(Querist) 03 May 2023
The office denied orally.i asked my other friend too.he too had gone for succession certificate.Point i want to ask is do huf FDS also need it? Most banks have simple format to change karta
T. Kalaiselvan, Advocate
(Expert) 03 May 2023
If the same bank accepted your deceased brother to replace your deceased father as Karta, why are they refusing to accept a new karta now.
There's no necessity for getting a legal heirship certificate to replace deceased karta.
You may issue a legal notice to the bank questioning their authority or the law prescribed for this purpose and can then challenge the same as per law.
P. Venu
(Expert) 03 May 2023
What was the procedure adopted at the time of father's demise? Bank cannot prescribe a different norm at present unless there were patent errors or the procedure has since been revised. If so ascertain the information from the Bank. If a public sector Bank you may seek the information under RTI.
You may, as well, take up the issue with the Banking Ombudsman.
INDIA FIRST
(Querist) 03 May 2023
Thank u for ur replies.i have been told by cluster head Sameer Nagotkar of idfc bank,goregaon west,mumbai region dat they will raise it again with the legal team.i see a valid point in ur replies.
Sudhir Kumar, Advocate
(Expert) 03 May 2023
