V.V.RAMDAS (Advocate) 21 September 2009

What is the procedure to get the money withdraw from the Ban

Dear firends,

One Swamiji ( Sanyasi) has been killed by some miscreants and before his death he has executed a "Will",which is un-registered and through the said "Will" the Bank balace has been bequthed in favour of Viswahindu parishad. Now the secretary, VHP has claimed the amount from the Bank through the WILL but the Bank asked them to produce "Probate". Probate is not required in the District as it has been exepted in the law. In the present circumstance What Legal steps should I take to get the money recoverd from the Bank for VHP( my client).

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4 Replies

J. P. Shah (RTI & CONSUMER ACTIVIST) 21 September 2009

Bank cannot release money on the basis of will only. Claimant has to obtain probate on the basis of will from competent court.

V.V.RAMDAS (Advocate) 21 September 2009

Dear Mr Shah,

Perhaps you have not gone in detail to my question. I have clearly mentioned that "Probate is not required in the specified district where the cause of action arose. So please do go in deep.

Y V Vishweshwar Rao (Advocate ) 22 September 2009

You can file a suit against the Bank on the basis of the Will Deed , for direction to the bank to pay the amount to the benificiary ( VHP ) under the Will Deed.