Bank nominee
3 years ago
My grandfather died at the age of 85 in January 2020. He was a pensioner from past 25 years. My grandmother, 75+(housewife) is the nominee in his pension papers but she isn't a nominee in his savings bank account. All his pension fund has been stuck in his account after his death. The bank says they can only distribute it equally among the legal heirs (grandmother n 4children). The amount is 12lakhs. Can we fight this in court to make them give all the money to just my grandmother as she old and none of her children? My uncles aren't ready to sign any documents in this favour and nor anybody is taking care of my grandmother.
Devesh Tripathi
Responded 3 years ago
A.what you need to to is that each individual give affidavit that you want to disown that amount in favor of your grandmother and that you will have to do in personal appearance and also will have to submit death certificate of grandfather and relevant document that grandmother and grandfather were husband wife. I think manager should do on such request.
Helpful
Helpful
Share
A.Dear Sir,
It intestate movable property as such following rule of law is to be adopted.
Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Class I heirs are
sons,
daughters,
widows,
mothers,
sons of a pre-deceased son,
widows of a pre-deceased son,
son of a pre-deceased sons of a predeceased son, and
widows of a pre-deceased son of a predeceased son.
CLASS IInd HEIRS
i. Father
ii. (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister
iii. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter's daughter.
iv. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
v. Father's father; father's mother.
vi. Father's widow; brother's widow.
vii. Father's brother; father's sister.
viii. Mother's father; mother's mother
ix. Mother's brother; mother's sister.
If my answer is helpful to you then please give my FIVE STAR
It intestate movable property as such following rule of law is to be adopted.
Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Class I heirs are
sons,
daughters,
widows,
mothers,
sons of a pre-deceased son,
widows of a pre-deceased son,
son of a pre-deceased sons of a predeceased son, and
widows of a pre-deceased son of a predeceased son.
CLASS IInd HEIRS
i. Father
ii. (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister
iii. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter's daughter.
iv. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
v. Father's father; father's mother.
vi. Father's widow; brother's widow.
vii. Father's brother; father's sister.
viii. Mother's father; mother's mother
ix. Mother's brother; mother's sister.
If my answer is helpful to you then please give my FIVE STAR
Helpful
Helpful
Share
A.Hi
Yes, your grand mother can make an application to District collector and ask for protection under Senior Citizen's act and her children can be advised to forego their claim on their father;s bank balances.
Collector upon application made by your grand mother, can always advise bank to abide by his orders under senior citizen's act .
Please note that the senior citizen's act is solely enacted for senior citizens such as your grand mother. It is an easy process, zero cost process and will be resolved within 6 months.
Yes, your grand mother can make an application to District collector and ask for protection under Senior Citizen's act and her children can be advised to forego their claim on their father;s bank balances.
Collector upon application made by your grand mother, can always advise bank to abide by his orders under senior citizen's act .
Please note that the senior citizen's act is solely enacted for senior citizens such as your grand mother. It is an easy process, zero cost process and will be resolved within 6 months.
Helpful
Helpful
Share
Sidhaarth
Responded 3 years ago
A.Your intention and motive is good but law differs and us against your feelings. Is bank account joint? Bank is right to distribute the money among legal heirs. A nominee can receive the money/money only but nominee is bound to distribute the received money/ property to other legal heirs. Your grand mother can get the family pension in her name.
Helpful
Helpful
Share
A.No need of of signatures from uncle/ Aunty or any other relative....Don't tell any of your relatives as they may elongate the process.. As your grandmother is still alive immediately file for the succession certificate / legal heir certificate in court and proceed to the requisite Bank and your query solved... The procedure is not to very much complicated So don't worry..
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
Helpful
Helpful
Share
Read Related Answers
Education Loan OTS
Dear Client,
Try to go to the online portal of the said bank and complaint about grievance through the same. it is advisable to repay the loan amount within the stipulated time or you may face seizur...
Sbi account put on stop by cyber security
Dear Sir/Madam,
Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/v...
My bank account got freezed
Dear Client,
Once a cybercrime scam or fraudulent transaction is reported online to the National Cyber Crime Reporting Portal(NCCRP), on the instruction of the Cyber Crime Cell, the investigating tea...
Bank loan harassment
Dear Client,
In the given scenario, you can escalate your grievance with the Grievance Redressal Officer of the concerned Bank, and in case no suitable response is received from the GRO of the Bank yo...
Online Gaming -Can I be sent to Jail
Dear Client,
The Information Technology Act 2000 regulates cyber activities or online gambling in India. There is no explicit law that makes online gaming and gambling an illegal activity in India. O...
Read Blogs on Banking
Banking Lawyers
Find Lawyers by Location
