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Shiv (Officer)     22 July 2013

Interpleader suit by bank

INTERPLEADER SUIT by BANK

Current Scenario:

Interpleader suit been filed by bank in court for payment of Fix Deposits. There has been a dispute between husband & wife. Even though they are not divorced both are leaving separately since 1996. The suit is in process is in since last 10 years. In the suit Bank has mentioned that it has transfered the Husband's FDs in the name of wife on oral instructions of husband. Husband has alleged his wife for cheating on him while he was abroad and syphoning off all t money he has earned from abroad. The originals of certificates of FDs are with wife. The FDs are having operating mandate as 'either or servivor'. Now unfortunately after figting te case for last 10 years, Husband has died recently. And now wife is claim all the FD payments on 'either or serviver' basis. Since usband was staying alone he has no legal representative to fight his case further.

Please advice on tese issues:
1. How the case can be proceeded further
2. There has been lot of application made in between proceedings of suit which are yet to be heard (i.e. counter claim)
3. Can deceased husband's lawyer proceed the matter in absence of legal heir since all of them have abandoned him long back.



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