Query on FD

Though Ur mentioned as nominee u & Ur sisters are lrs so they have equal share in it .if Ur father has made will with nominee u were having rights but he has died intestate .so they rights .

pl note nominee is only custodian and the liability of the bank gets discharged upon the payment.

Your mother and sister are also LR's of your deceased father as such they are also entitled for share in the amount.

Which personal law applies in your case?

Are you all Hindu?

Have the deceased i.e. your father left any valid WILL?

Confirm!

 

Go thru RBI Master Circular on Customer Services; 19,20

And claim form also carefully and slowly.

Nominee is mere trustee.

Bank has discharged IT’s responsibility by making the payment to nominee.

Nominee is pass on the share of Legal heirs (ClassI have 1st right in case of Hindu’s) to legal heirs.

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

Avoid litigation and pass on the share of legal heirs that are as explained above also in case of Hindu’s and maintain the trust, warmth in relations.

yes we are Hindu
my father has not left any will
note :
even after the bank person confirmation both my mother & sister are insisting for equal share .are they legally right as my name is rmentioned in FD nominee.

The rights of your mother, sister being ClassI legal heirs and your obligation as Nominee has already been explained.

Bank and banker are neither lawmaker nor supposed to mislead and misguide anyone.

Who else say; anyone at online portal or any counsel has guided you that they have NO share?

Is such advice given to you in writing?

Have you paid any FEE for such advise.?

 

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Civil matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

The Bank is not concerned with apportionment, and they can only pay the amount to the nominee, they do not have adjudicating powers.

As you are a trustee/custodian of your father's self earned amount, as he died intestate, act legitimately and share that amount equally with all legal heirs of your intestate father (your mother, daughter).

Because you are nominated, it does not mean that you can enjoy the entire amount.   The nomination is for the convenience of the bank and not a judgment on inheritance.

1.  IF you have already received the FD amount, THEN let the other claimaints approach the relevant court for their share of the deceased's property.  Till then sit tight and do not bother about such issues.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com