Settlement of claims in respect of deceased depositors
Amit
(Querist) 01 March 2012
This query is : Resolved
As per RBI Circular RBI / 2008-09 / 261
DBOD.No.Leg.BC. 75 /09.07.005/2008-09 (pages 62, 63) if the S/B Account has a nominee then indemnity bond and affidavit is not required. Death Certificate and ID proof of the nominee should be sufficient to close the Account and get the proceeds.
I am the nominee of my late mother's S/B Account in a private bank. Still the bank is insisting on getting affidavit and indemnity bond signed by all legal heirs and ID proof of all legal heirs.
What should I do? Should I go to the Banking Ombudsman?
Deepak Nair
(Expert) 01 March 2012
Issue a notice to the bank attatching the copy of he circular of RBI.
If the bank still fails to act upon, then approadh the RBI directily by filing a complaint.
Guest
(Expert) 01 March 2012
In nomination case, except for the genuineness of the claimant and his address, the bank cannot ask for any affidavit or bond from other family members.
So, at first, make a compalaint to the banking Ombudsman with a copy to the RBI referring the RBI's Circular. If the Bank or Ombudsman fail to settle gets settled the claim, must file a case in the court of law after issue of due notice to the Bank and Ombudsman.
umapathi.s
(Expert) 02 March 2012
Better approach the Controller of the Branch like the AGM or DGM under whose control branch function. your matter is likely to be solved. if not solved , then approach the RBI as suggested above.
RAJU O.F.,
(Expert) 04 March 2012
Cause to issue a lawyer notice through an advocate conversant with banking, requesting to pay the proceeds of the deposit to the nominee forthwith, without further delay and informing the bank that if they fail legal action will be taken at their costs and consequences. Hope the bank will avoid any litigation and pay the proceeds of the deposit.
Shonee Kapoor
(Expert) 04 March 2012
Issue notice, that would suffice.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 08 March 2012
First approach the higher authorities in the bank itself. If they do not solve ur problem then approach the Banking Ombudsman whose office is in the RBI Office.
