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Mitul Kumari (Practicing Advocate)     05 March 2020

Legal representative

After orders in a Motor Vehicle Accident case, the amount was kept in fixed deposit as per the orders. The petitioner died before maturity of the fixed deposit. How do I bring the legal representative on record to withdraw the amount?


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 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 March 2020

First, apply for legal heir certificate to the Tahsildar concerned.  After obtaining the legal heir certificate, submit to the bank and it will be handed over to the legal heirs.  If  no legal heirs, get the succession from the competent court.

G.L.N. Prasad (Retired employee.)     06 March 2020

You can contact the advocate that has dealt the matter and contact the court if the deposit is kept in the name of joint names for due process for seeking refund.  If the process is not connected with accident/orders of court and made as individual deposit, physical possession of deposit, and if there is a nomination is present are necessary.   If only the bank and depositors are involved, depending on the amount 1.Death Certificate.2.Legal heir certificate 3.Claim form prescribed on amount of claim 4.Indemnity bond 5. Confirmation by relatives etc is required for claim settlement.

THIS IS NOT PURELY SUCCESSION ISSUE and may depend on conditions of such deposit if any and only local advocate can only guide on going through such orders.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 March 2020

I do endorse the advice of expert Prasad.

Mitul Kumari (Practicing Advocate)     06 March 2020

The money has to be withdrawn through court only. So how can legal heirs be brought on record??

G.L.N. Prasad (Retired employee.)     06 March 2020

Contact the banker for laid down norms for settlement of claims to the legal heir of deceased, submit the same through process of court. and the court may file their NOC and further directions if any necessary for changing the name of the depositor.

Dr J C Vashista (Advocate)     07 March 2020

LRs of the deceased account holder (for the FD) are required to seek permission of concerned Court if there is "no" nominee" has been appointed.


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