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Ajay Kumar   17 March 2018

DEATH CLAIM SETTLEMENT

sir
my father died leaving 25 lacs in his account in SBI without nomination.
at the time of settlement of death claim procedure branch officer is demanding a surity who have 25 lacs in his account ,and also should be a SBI account holder.
but I am able to give a surity who have property of 1.00 crore but branch officials are not agree to accept that
please guide us what to do


Learning

 3 Replies

Suri.Sravan Kumar (senior)     17 March 2018

meet higher officials of the bank and discuss your issue with them for amicable solution.

Jalib Hasan   17 March 2018

the remedy to u is...u has to file a case for succession of urself by way of OP.U/s. 372 of Indian Succession Act 1925, before the court of law

R.Ramachandran (Advocate)     17 March 2018

It is absolutely futile to approach any higher authority/officer.

Without nomination, no bank will be able to release the amount lying with it without a succession certificate, if the amount lying with the bank is more than Rs. 1 lakh.  If the amount had been less than Rs. 1 lakhs, then the bank could have released the amount on giving Indemnity bond.

In this case, you say that the balance amount with the bank is Rs 25 lakhs.

Therefore, you have to apply to the appropriate District Court in your area for grant of succession certificate.  You may have to pay applicable court fee - which depends upon the amount to be claimed.  This process will take 3 to 6 months.

Therefore, without unnecessarily wasting time, please get in touch with a lawyer in your area and take necessary steps to approach the court for succession certificate.


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