Fd amount of my father

If ur mother is a nominee, you have no right on that FD amount.

Reformist adivse is very much correct. FD amount is not at all connect with the cases unless court orders bank to stop the payment of FD. 

>>>  It is believed that deceased was Hindu and did not leave any WILL.

IN such a case his wealth shall be shared equally by all ClassI legal hiers: You, your mother, your sister……………

>>> As per guidelines of RBI that are available on its website also on website of IBA,BCSBI, and that have to be maintained by bank on its website, and a printed version is to made available to survivors/claimants free of cost:

Master Circular on Customer Service

20.1.1. ……..the payment of the balance in the deposit account to the survivor(s)/nominee of a deceased deposit account holder represents a valid discharge of the bank's liability provided :

(b) there is no order from the competent court restraining the bank from making the payment from the account of the deceased; and

(c) it has been made clear to the survivor(s) / nominee that he would be receiving the payment from the bank as a trustee of the legal heirs of the deceased depositor, i.e., such payment to him shall not affect the right or claim which any person may have against the survivor(s) / nominee to whom the payment is made.

>>> Since the deceased depositor (your father) mandated spouse (your mother) the bank has discharged its liability. The BM can provide the details of proceeds/payments made to your mother.

Your mother has to share it equally amongst all ClassI legal heir………………

>>> You can submit to the court the existence of FDR and its payment to your mother and non payment of your share to you…………………………………and also of any other wealth that should be partitioned.

>>> Your lawyer may opine to appeal to court to direct all legal heirs to submit detail of wealth of the deceased and nomination etc…………………..and issue order accordingly……………

Your mother has no right over the FDR since  she was  nominee of your father  so as a nominee she can collect the amount of  FDR from bank but it does not mean that she is owner of that FDR .she is  only trusty of FDR  and the same will divide among the heirs of your father as per law Raise objections in this regard to court in partition suit.

Cannot believe so much diversity of opinion. Difficult to find such North pole to South pole analysis  on a basic subject in any other field. It does not even require a lawyer to state that Advocate Bhartesh Goyal and Kumar Doab are absolutely right as far as the legal aspect is concerned. However morally it might be a different story.

FD amount has to be declared amongst other items for partition. Court will pass order for this to be appropriately divided.

A nominee can only receive the money of a bank depositor who has died but the person cannot claim to be the absolute owner of the money lying in the account .

As per the recent verdict of the Honourable Supreme Court, the  money lying deposited in the account of the original depositor should be distributed among the claimants in accordance with the Succession Act of the respective community and the nominee cannot claim any absolute right over it.

Appreciate the information shared by Ms. Saleema Kabeer in the forum.

It is requested that the mentioned judgement of the Supreme Court of India may please be shared.

@ Mr. Kumar Doab

Sir,

Refer the Judgment of the Hon'ble Supreme Court in RAM CHANDER TALWAR & ANR. ..Vs.  DEVENDER KUMAR TALWAR & ORS. on 6, October 2010.

Many Thanks Ms. Saleema Kabeer for enriching the forum!

Appreciate your prompt revert and perfect citation...............

Supreme Court of India

Ram Chander Talwar & Anr vs Devender Kumar Talwar & Ors on 6 October, 2010

High Court had rightly rejected the appellant's claim in following judgment

Delhi High Court

Sh. Ram Chander Talwar And Anr. vs Devender Kumar Talwar And Ors. on 20 September, 2004

@Mr. Kumar Doab

Welcome.