Nominee not giving money to the legal heir

Sir im very grateful to you all for guiding me. So now what shall i write in the mail to the bank officials? Firstly that we are the legal heirs and the nominee is doing without our consent and secondly shall i request them to hold the money till we take the required legal actions? Please guide me in this regard also im thinking of writing them the mail till i reach my home city as im out of station now and take the appropriate legal action but what are the points to be mentioned in the mail? Am i authorized to do this?!

DEAR MADAM BHUVANA 

                                          WHAT MS. RAJKUMAR HAD SAID IS EXACTLY CORRECT AS WELL AS THE BANK IS CONCERNED . THIS WAS BROUGHT IN SPECIFICALLY FOR THE PURPOSE THAT THE BANK SHOULD NOT GET INTO ANY TROUBLE IN SETTLING ANY CLAIM AFTER THE DEATH OF THE DEPOSITOR . SINCE THE BANK HAD REJECTED YOUR MOTHER'S REQUEST IT MEANS THAT YOUR DAD HAD NOT INCLUDED YOUR MOTHER'S NAME IN THE ACCOUNT AS " EITHER OR SURVIVOR , FORMER OR SURVIVOR OR ANYONE OR SURVIVOR . YOUR UNCLE NEED NOT SIGN ANY DOCUMENT FOR BEING A NOMINEE . IT IS JUST A SINGLE LINE IN ANY ACCOUNT OPENING FORM . IN THAT YOUR DAD HAS TO MENTION YOUR UNCLE'S NAME IN THE SPACE PROVIDED AND THE RELATIONSHIP AND THERE WILL BE A PLACE FOR YOUR UNCLE'S SIGNATURE AND BELOW THAT YOUR FATHER WOULD HAVE SIGNED IT . TO VERIFY THIS YOU CAN GET EVEN A SAVINGS BANK ACCOUNT OPENING FORM FROM ANY BANK ON THE PRETEXT THAT YOU WANT TO OPEN AN ACCOUNT IN THAT BANK . TURN TO THE BACK OF THE PAGE AND READ EVERYTHING . YOU CAN FIND THAT .YOUR UNCLE IS TELLING A LIE . IF HE DOES NOT KNOW, THEN WHY HE SHOULD GO TO THE BANK ALONE WITHOUT TAKING YOUR MOM.

       THE NEXT IMPORTANT MATTER IS " DON'T ALERT THE BANK" BY GIVING ADVOCATE'S NOTICE AND ALL NOW . IF YOU ALERT THE BANK , THEN THE BANK WILL IMMEDIATELY SETTLE THE CLAIM TO THE NOMINEE TO GET RID OF THE PROBLEM . GETTING YOUR FATHER'S DEATH CERTIFICATE AND ALL IS NOT A PROBLEM . SINCE THE DEATH IS REGISTERED ANYBODY , EVEN A THIRD PARTY CAN PAY THE APPLICABLE FEES AND GET THE DEATH CERTIFICATE . THAT IS LIKE GETTING ANY REGISTERED DOCUMENT FROM THE SUB REGISTRAR'S OFFICE . IF POSSIBLE YOU KEEP THE BANK ENGAGED IN THIS MATTER ON ONE SIDE AND ON THE OTHER SIDE MOVE THE WRIT PETITION IN THE HIGH COURT CONCERNED AND GET A STAY . ONLY TILL THE BANK HAD NOT SETTLED THE CLAIM YOU CAN MOVE A WRIT PETITION . AFTER THE CLAIM IS SETTLED IN FAVOR OF THE NOMINEE , YOU CANNOT MOVE THE HIGH COURT . AFTER THE CLAIM IS SETTLED YOU CAN FILE A CRIMINAL CASE ON YOUR UNCLE ON MANY GROUNDS SINCE YOUR MOM IS UNAWARE OF EVERYTHING . BUT THAT CRIMINAL CASE CANNOT BE FILED IN THE HIGH COURT . IT DEPENDS ON THE AMOUNT INVOLVED . FOR THAT YOU HAVE TO KEEP SPENDING TO THE ADVOCATE .

              SO DON'T WASTE TIME . CATCH HOLD OF A GOOD ADVOCATE IN THE CONCERNED HIGH COURT AND FILE THE WRIT PETITION AND GET A STAY . THERE ARE ADVOCATES WHO CAN PREPARE THE WRIT PETITION IN ONE OR TWO DAYS AND GET A STAY . HOW MANY DAYS HAD PASSED FROM THE DATE OF DEATH OF YOUR DAD . BECAUSE IT MAY TAKE AT LEAST A MONTH TO GET THE RECORDS FROM THE CREMATORIUM . WHO FILLED UP AND SIGNED UP THE FORM AND SUBMITTED IT TO THE CONCERNED AUTHORITIES AND GOT THE LETTER FOR SUBMISSION IN THE CREMATORIUM . IF ANY OF YOU HAD DONE THAT , THEN YOU HAVE TO FILL UP ANOTHER FORM AND ENCLOSE THE RECEIPT GIVEN TO YOU IN THE CREMATORIUM AND SUBMIT IT TO THE LOCAL AUTHORITIES . ONLY AFTER THAT THEY WILL PROCESS THAT AND ENTER THAT IN THE DEATH REGISTER . EVEN THAT IF YOUR UNCLE HAD DONE THAT THEN HE WILL DO THAT QUICKLY AND SUBMIT IT . ONLY AFTER THAT FORM IS SUBMITTED AND THE FEES PAID THAT WILL BE UPLOADED IN THE COMPUTER AND AFTER THAT ANYBODY CAN APPLY IT AND GET IT . IN MOST OF THE STATES YOU CAN APPLY ONLINE ITSELF . IF ANYBODY WHOM YOU CAN TRUST IS READY TO HELP YOU , THEN YOU ASK THEM TO APPROACH THE CONCERNED AUTHORITIES AND TRY TO DELAY THAT BY PAYING  . IF YOU CANNOT TRUST ANYBODY THEN YOU CONCENTRATE ON THE WRIT PETITION . BUT AT NO POINT OF TIME DON'T ALERT THE BANK AS THEY WILL IMMEDIATELY SETTLE THE CLAIM TO AVOID ANY PROBLEMS TO THE BANK . NOW A DAYS NO BANK WANTS TO HELP THE CUSTOMER WHEN THEY ARE IN TROUBLE . IN OUR DAYS WE WILL ADVISE THE GENUINE CUSTOMER WHAT THEY SHOULD DO TO STOP THEM FROM DISBURSING THE CLAIM AND DRAG THE MATTER WITH THE CLAIMANT . HOW I CAN ADVICE WHAT ARE ALL POSSIBLE IS , I WAS THE VICE PRESIDENT OF THE WORKMEN UNION IN OUR BANK . BESIDES THAT I WAS ONE OF THE OFFICE BEARERS OF THE FEDERATION OF 28 NATIONALIZED BANKS ON ALL INDIA LEVEL AT THAT TIME. IN ADDITION TO THAT I WAS THE TREASURER OF THE FEDERATION FOR 28 NATIONALIZED BANKS FOR THE STATE FEDERATION - JOSEPH WILFRED - 06/03/2014 AT 19.19 HRS    

Sir, my father passed away in december last year two months have passed now what records are you talking about from crematorium? Is it the death certificate? Now im out of station but if i dont inform the bank then whats the guarantee till the time ill go to my home station nominee will not be paid? Atleast if ill write to the bank, wouldnt they freeze the account as legal heir consent is important??

Please follow the advises issued by many experts above and I endorse a few advises.

You send a legal notice through your Advocate to the Branch Manager and  General Manager of the Bank enclosing xerox copy of the death certificate of your father requesting them to disclose by a written declaration  the balance of your father's account along with interest accrued thereon on the date of death and also the balance as  on the date of  intimation including interest which are to be disclosed before the court for obtaining Succession Certificate as the only heirs of the deceased account holder and further request them to stop payment from the said accounts as you are the only legal heirs of the deceased..  On receipt of the said disclosure you can file succession case in the court.

MADAM BHUVANA

                                 WHAT MS. TVD . RAJKUMAR HAD OPINED IN THIS MATTER IS EXACTLY CORRECT AND IS THE ONLY WAY . DEAR MR. ROY YOU HAVE ADVICED ABOUT LEGAL HEIR CERTIFICATE AND SUCCESSION IS CORRECT BUT IT IS SECONDARY ONLY . AS FAR AS BANK'S ARE CONCERNED THE BANKING REGULATION ACT IS THERE AND THE LATEST ALMOST FIVE OR SIX YEARS OLD THE BANKING CODES AND STANDARDS BOARD OF INDIA GUIDELINES ARE THERE . AS FAR AS A BANK IS CONCERNED THESE ARE THE FIRST AND FOREMOST AND IF THEY GO AS PER THAT RULES THEN NO COURT OR THE RESERVE BANK OF INDIA OR EVEN THE MINISTRY OF FINANCE BANKING DIVISION NEW DELHI WILL NOT SAY THAT WHAT THE BANK HAD DONE IS NOT ACCORDING TO LAW . THESE GUIDELINES AND ACT ARE TO RUN THE BANK IN A SMOOTH MANNER WITHOUT ANY LITIGATION. WHY SHOULD THE BANK INVOLVED IN THE DEPOSITOR'S FAMILY DISPUTE WHEN THE DEPOSITOR HIMSELF HAD GIVEN A " MANDATE TO THE BANK " WHAT THE BANK SHOULD DO TO THE AMOUNT IN HIS ACCOUNT IN THE EVENT OF HIS DEATH . THE BANK WILL ACT AS PER THE MANDATE THE DEPOSITOR HAD GIVEN TO THE BANK IN WRITING AND WASH OFF ITS HANDS . THEN IT IS FOR THE NOMINEE AND THE LEGAL HEIRS HAD TO SETTLE EITHER IN A AMICABLE MANNER OR IF THAT IS NOT POSSIBLE THEN THEY HAVE TO GO TO THE COURT . EVEN IN THAT CASE THE NOMINEE CAN BRING OUT NEW FACTS WHICH NOBODY CAN DISPUTE IT BECAUSE THE DEPOSITOR IS NOT ALIVE . WILL ANY DEPOSITOR NOMINATE HIS BROTHER'S SON FOR SETTLING THE CLAIM AFTER HIS DEATH , WHEN HIS WIFE AND DAUGHTER ARE WITH HIM . THIS IS REALLY A PITIABLE SITUATION BUT NOBODY EVEN THE LEGAL HEIRS CANNOT CANCEL THE MANDATE GIVEN TO THE BANK BY THE DEPOSITOR WHAT THE BANK SHOULD DO TO THE AMOUNT WITH THE BANK IN THE EVENT OF HIS DEATH . 

                 THE ONLY WAY IS TO FILE A WRIT PETITION PROHIBITING THE BANK FROM DISBURSING THE AMOUNT TO THE NOMINEE TILL THE MATTER IS SETTLED BETWEEN THEM . EVEN IN THAT CASE THE BANK WILL SAY THAT IT IS DOING ONLY AS PER THE MANDATE GIVEN BY THE DEPOSITOR TO THE BANK AND THE BANK IS NOT DOING ANYTHING ON ITS OWN . IN SUCH A CASE THE LEGAL HEIRS CAN PULL THE NOMINEE WHY HE COLLECTING THE AMOUNT WHEN THE LEGAL HEIRS ARE THERE AND IN SUCH A CASE THE NOMINEE WILL INFORM THE COURT THAT HE IS COLLECTING THE DEPOSITORS AMOUNT ONLY AS A NOMINEE . THEN THE LEGAL HEIRS CAN CORNER HIM AS TO WHAT HE IS GOING TO DO WITH THE MONEY AFTER COLLECTING IT FROM THE BANK . ONLY HERE THE LEGAL HEIRS WILL HAVE A UPPER HAND . 

              BUT IF THE LEGAL HEIRS INFORM THE BANK OF THEIR PLAN , THEN THE BANK AND THE NOMINEE WILL JOIN TOGETHER AND THE BANK WILL SETTLE THE CLAIM TO THE NOMINEE AS EARLY AS POSSIBLE TO EXTRACT ITSELF FROM THE FAMILY DISPUTE . THIS IS THE REASON WHY I AM TELLING THE LEGAL HEIRS TO MOVE THE HIGH COURT AND GET A STAY FROM DISBURSEMENT OF THE AMOUNT TO THE NOMINEE . 

           BUT MADAM BHUVANA INFORMED THE FORUM THAT SHE HAD TO GO THERE AND  IT MAY TAKE TIME IN GETTING THE LEGAL HEIR CERTIFICATE AND THE DEATH CERTIFICATE . IN SUCH A CASE IF SHE IS IN ANOTHER STATE THEN SHE CAN DO IT IN ANOTHER WAY . IF SHE HAS THE ADDRESS PROOF AND IDENTITY PROOF FOR STAYING IN ANOTHER STATE AND THE SCHOOL LEAVING OR ANY COLLEGE CERTIFICATE TO SATISFY THE COURT THAT SHE IS THE DAUGHTER OF THE DEPOSITOR AND THAT HE HAD DEPOSITED [ NO NEED TO MENTION THE AMOUNT ] IN SUCH AND SUCH A BANK AND HAD NOMINATED SO AND SO AS THE NOMINEE AND AND THE NOMINEE IS TRYING TO DEPRIVE THEM OF THEIR FATHER'S MONEY AND TILL SUCH TIME SHE GO THERE AND SETTLE EVERYTHING THE COURT MAY BE PLEASED TO GRANT AN INTERIM INJUNCTION FOR 3 MONTHS FROM DISBURSING THE MONEY TO THE NOMINEE . SHE MUST GIVE AN UNDERTAKING THAT SHE WOULD PRODUCE THE DEATH CERTIFICATE AND THE LEGAL HEIR CERTIFICATE WITHIN A STIPULATED PERIOD . SHE CAN ALSO PRAY THE COURT TO COMMUNICATE THE ORDER OF INTERIM INJUNCTION BY " WIRE " TO THE CONCERNED REGIONAL MANAGER AND THE BRANCH . 

               SHE WANTED TO WRITE TO THE BANK TO FREEZE THE ACCOUNT . FOR THIS MY REPLY IS EVEN THE DEPOSITOR CANNOT REQUEST THE BANK TO FREEZE HIS ACCOUNT  . ONLY SOME HIGHER INVESTIGATION AGENCIES CAN REQUEST THE COURT FOR AN ORDER TO FREEZE A PARTICULAR PERSON'S ACCOUNT AND THEY HAVE TO CONVINCE THE COURT FOR GETTING THE ORDER - JOSEPH WILFRED - 08/06/2014 AT 10.20 HRS.

MR. WILFRED,

I DIFFER WITH YOUR ADVICE FOR TWO REASONS NAMELY.- 1. I ONLY ADVICE THE AUTHOR TO SERVE A LEGAL LETTER REQUISITIONING INFORMATION OF THE BALANCE AMOUNT OF THE DECEASED ACCOUNT HOLDER BY SUBMITTING HIS DEATH CERTIFICATE SO THAT THEY CAN GO FOR SUCCESSION CERTIFICATE FROM THE COURT OF LAW.  IF IN CASE THE BANK DOES NOT COMPLY WITH SUCH REQUEST THEN IT WILL BE A FIT CASE FOR WRIT UNDER  ARTICLE 226 OF THE CONSTITUTION OF INDIA.  TO PROCEED WITH THE WRIT PRIMA- FACIE THE APPLICANT SHALL HAVE TO PROVE THE FOLLOWING INGREDIENTS NAMELY,- (a) THAT THE LEGAL RIGHT, FUNDAMENTAL RIGHT AND CONSTITUTIONAL RIGHT OF A CITIZEN OF INDIA  HAS BEEN INFRINGED OR INTERFERED WITH OR ENCROACHED UPON BY THE RESPONDENTS, (b) NATURAL JUSTICE HAS BEEN DENIED BY THE ACTION OF THE RESPONDENTS. (c) THE RELIEF PRAYED FOR SHALL NOT BE ADEQUET IN ANY OTHER LAW.  IN THIS CASE  IF THE BANKER DOES NOT RESPOND TO THE LEGAL LETTER OR DOES NOT COMPLY WITH THE REQUISITION THEN IT WILL BE A FIT CASE FOR WRIT.OTHERWISE NO WRIT WILL LIE.

Sir, i have approached a lawyer he told we can get prohibitory order my mother will reach cout by wednesday morning. Sir what will happen after acquiring prohibtory order by the court?

DEAR MR. ROY 

                            I WILL POST A PRIVATE MESSAGE TO YOU OR WRITE TO YOUR MAIL I.D. AS THE ONE I POSTED TODAY THE 9TH MARCH 2014 MORNING HAD NOT BEEN POSTED IN THESE COLUMNS . IN THIS MATTER ITSELF SUCH AN OMISSION OF MY COMMENTS POSTED IS HAPPENING FOR THE SECOND TIME . I DON'T KNOW WHETHER THERE IS ANY PROVISION IN THIS FORUM THAT A MEMBER SHOULD NOT REPEATEDLY POST HIS COMMENTS ON THE SAME MATTER EVEN IF THE NEXT COMMENT IS EITHER FROM THE FORUM MEMBER OR FROM THE PERSON WHO HAD POSTED THE QUESTION IS DIRECTLY RELATED TO THE COMMENT POSTED BY MYSELF . IF THERE IS ANY RULE I REQUEST THE FORUM TO INFORM ME AS I AM OF THE OPINION THAT I AM UNNECESSARILY WASTING MY TIME BY STRAINING MY EYES AS I HAD UNDERGONE TWO MICRO INCISION CATARACT SURGERY AND REPLACEMENT OF FOREIGN LENS WITHIN A WEEK IN 2012 , ONE ON 14 MAY AND THE OTHER EYE ON 19TH MAY 2012- JOSEPH WILFRED - 09/03/2014 AT 19.22 HRS 

DEAR MADAM BUVANA

                                         IF YOU HAVE ANY FURTHER CLARIFICATIONS NEEDED IN THIS MATTER YOU MAY ASK YOUR HUSBAND TO WRITE TO MY MAIL I.D. -- josephwilfredmr3a06@gmail.com -- AS I HAVE POSTED A DETAILED REPLY TO YOUR QUESTION AS WELL AS THAT OF MR. ROY'S TO DAY THE 9TH MARCH 2014 MORNING WHICH HAD NOT APPEARED IN THIS COLUMNS . BUT THAT WAS HOW THE CASE COULD TURN IF YOU TAKE UP CERTAIN MATTERS IN YOUR REJOINDER AFTER YOUR UNCLE AND THE BANK HAD ENTERED THEIR PRESENCE IN THE WRIT PETITION AND FILED THEIR COUNTER STATEMENT IN THE PETITION. SIMILARLY I HAVE REPLIED TO YOUR QUESTION WHICH YOU POSTED IN THESE COLUMNS REGARDING WHAT I MEANT BY THE CERTIFICATES FROM THE CREMATORIUM WHICH HAD NOT BEEN POSTED IN THESE COLUMNS . SO IF YOU NEED ANY CLARIFICATIONS YOU ASK YOUR HUSBAND TO WRITE TO MY MAIL I.D. GIVEN IN THESE COLUMNS . - JOSEPH WILFRED - 09/03/2014 AT 19.40 HRS.

@ LEARNED MR. WILFRED,

SO FAR MY KNOWLEDGE GOES THIS FORUM IS TO GUIDE THE AUTHORS WITH THE EXPERTISE ADVISES AND OPINIONS TO ENABLE THEM TO MEET THEIR NEEDS.  WHILE THE EXPERTS ARE EXPRESSING THEIR RESPECTIVE VIEWS EITHER SOME  CONTRADICTION APPEARS OR SOME DIFFERENCES OF VIEWS ARISES OR COME UP BETWEEN THE EXPERTS.  UNDER SUCH A SITUATION FURTHER CLARIFICATION OF VIEWS ARE TO BE NEEDED WHICH THE EXPERTS MEET WITH BY FURTHER POST AND THAT  MAY CONTINUE IN NUMBERS OF POSTS.  SO LONG AN EXPERT WRITES SOMETHING RELATING TO AUTHOR'S QUERY HE CAN POST HIS VIEWS UNDER THIS QUERY.OF THE FORUM..       B. N. ROY..

Unlike other assets money is something which can be quickly withdrawn or transferred to another account even with another Bank or even made to totally disappear.. Now it is more than 20 days and you have been reading long advises. Are you sure that the nominee has not already bolted with the money and swallowed it?  

People go to court and get injunctions for all kinds of silly things. You should have secretly ascertained the amount from the Bank, gone to the court with a claim and obtained a stop payment order from the court. All these things should have taken place without the knowledge or even raising the suspicion of the nominee. The element of surprise is very important.

If the money has not already disappeared,  I congratulate you. I wish you good luck.