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Tamal123Kol (Service)     26 November 2013

Closed p.o. accounts

Hello Experts,

I'm in process to submit documents to Court for Succession Certificate. It includes some of the P.O. Accounts.

It came to light that the opposite party closed all the accounts in P.O. by withdrawing all the money (opposite party was holding either joint a/c or nominee).

Can we still go ahead with applying for succession certificate & re-claim the money ? What should be the right approach ?

Thanks



Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     27 November 2013

In case of nomination bank has rightly allowed to withdraw all money. But in case of joint account you being heir have right to have share and if amount is withdrawn you can initiate legal action.

T. Kalaiselvan, Advocate (Advocate)     27 November 2013

If you want to apply for succession certificate through a court, first ascertain that for what purpose you want this certificate, i.e., whether for any particular purpose or for general purpose? You may have to pay court fee accordingly.  Further, if the post office account was a joint account it may be as either or survivor basis and in case of nomination, the nominee would have withdrawn the money  In any case you cannot claim the same from post office as a legal heir or as a successor because the post office has already discharged its liabilities.


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