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Ashutosh   05 July 2016

My late father's money in bank

This is regarding the money and fixed deposit my father kept in vidharbha konkan bank. He passed away in 2009 and till date the we didn't get the money from that bank they are just make my mom ho here and there for document. Actually there is no nomination to the bank account and fixed deposit and inspire of having all the documents like Mom's aadhi card, voter id card, fathers death certificate, we also gave shapath patra, we have ration card, also The manager is asking varsa praman patra and it takes a lot of time and as we know from the court that they shout in whole town that who is that person varis that takes time. And in September 2016, 7 years will be completed to my father's death So can anyone tell the legal required documents for the claim without nomination to bank account and fixed deposit.


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 5 Replies

Kumar Doab (FIN)     05 July 2016

If it is a bank then bank has to follow guidelines issued by RBI, pertaining to 'Deceased Depositor Account.'

The guidelines issued by RBI have stautory force, are mandatory and not discretionary for the banks.

Bank can frame its internal guidelines as RBI guidelines and must keep in Bnak and on its website.

The bank has to supply the guidelines  without any cost to customer/claimant.

 

You may got thru: RBI Master Circular on Customer Services; Clause;19 & 20.

The Bank can fix its minimum threshold limit and can pay by accepting Affidavit, Disclaimer, Surety(ies),Indemnity..................

 

Try by represenating to higher officials................

Legal Heir certificate is issued by Tehsildar/competent revenue Official.

Check at O/o  Tehsildar/competent revenue Official.

 

Kumar Doab (FIN)     05 July 2016

The query is repeated at:

 

https://www.lawyersclubindia.com/forum/my-late-father-s-money-in-bank-139357.asp

Ashutosh   05 July 2016

Yes query repeated because it didn't know it comes under which law civil or legal document The amount in the bank is 3.5 lakhs earlier the tehsildar used to give the varsa praman patra I.e certificate of successor but now it has gone to the court as what the tehsildar told us and he said I have to issue it from court but court announces in town that who is the successor or so and so deceased person and gives an ad in paper as what I came to know but what if any fake person claiming to be successor comes? 7 years are almost completed upon which the government takes the money as what I came to know Please help

Ashutosh   05 July 2016

Yes query repeated because it didn't know it comes under which law civil or legal document The amount in the bank is 3.5 lakhs earlier the tehsildar used to give the varsa praman patra I.e certificate of successor but now it has gone to the court as what the tehsildar told us and he said I have to issue it from court but court announces in town that who is the successor or so and so deceased person and gives an ad in paper as what I came to know but what if any fake person claiming to be successor comes? 7 years are almost completed upon which the government takes the money as what I came to know Please help

Kumar Doab (FIN)     05 July 2016

Have you gone thru th RBI guidelines mentioned above?

If unavoidable the Bank may ask for 'Succession Certificate'.

If bank agres to legal heir affidavit, try for it.

Try with senior officials of the Bank and agree tomprovide above mentioned documents.

There are some citations that may help you.

 

You may go thru:

 

https://www.lawyersclubindia.com/experts/Employees-compensation-act-1923-598516.asp

 

 


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