kevin (Mr) 03 April 2010
Hi
my father passed away leaving 40 lakhs as fixed deposit and keeping my brother as its nominee
we have applied for succession certificate but havent received yet..i am abroad as i have given power
of attorney to him to close his provident fund and bank account. But now i noticed that he withdraw 6 lakhs
from the deposit using legal heirship certificate is that possible without succession cerificate? can i claim
equal share of it after getting succession certificate? please advice
Kevin
Suryanarayana Tangirala (Advocate) 03 April 2010
Yes u have equal share in properties left behind by your father if he has withdrawn the money without obtaining succession certificate why u waiting for succession certificate file a suit, before that issue him a legal notice demanding u r share also cancel GPA.
Devajyoti Barman (Advocate) 04 April 2010
After the death of the account holder the nominee can withdraw the amount left by him even without succession certificate but that does not entitle him to usurp the whole amount or any part of it if he is not the sole or one of the legal heirs. In your case though your brother has withdrawn a portion of the amount left by your father , you have definitely equal share in it and the rest of the amounts along with your fatther's other legal heirs, if any.If your brother refuses to part with your share you can take legal recourse.
Adv.Husain (Advocate) 05 April 2010
absolute advice by devjyoti barman
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