Deceased Claim

2 years ago

My father expired in Dec 2020. He had made a will in 2013 and appointed me as his heir for all his belongings known and unknown. Now Bank is asking me to get the consent of all his legal heirs before issuing the amount to me. But the problem is me and my mother are not on talking terms with my elder brother for many years now. We do not have a good relationship among us. What is the alternative because I will not be able to get my brother's consent on this.

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Prabhakara S K Shetty

Responded 2 years ago

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A.Bank is right in asking you for consent of other heurs. In the present situation you should get a probate of the Will from court.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Dear Sir,
You just need to get the probate of the will from the court. The directions will be given to the bank to work according to will. Consent of the legal heirs is not required.

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Anik

Responded 2 years ago

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A.Dear Sir,
As the will was already made by your father so there is no need to ask other legal heir. You need to get probate for the will from court, it will direct the court to do as per the will

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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.you will give original WILL to bank ?
what bank will do if the WILL gets challenged ?
you have to probate the WILL first.
consent of all legal heirs is not required .
approach a local lawyer for help.

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Sidhaarth

Responded 2 years ago

A.Bank is withing his right. You are required to take affidavit and also consent from all legal heirs.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear sir,
You may get probate that is succession certificate from court and bank will be directed to pay to you as per Will.

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Tanmoy Chattopadhyay

Responded 2 years ago

A.Get the probate of the will done and a letter of administration alongwith and submit a certified copy of the same in the bank.

#Banking
#freeLegalAidOnBanking

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Jagannath S Pawar

Responded 2 years ago

A.You will have to get Will probated first. Whether you are on talking terms with your brother is immaterial in legal matters and he will be issued Notice by high court or concerned Court where u want Will to b probated and respond to it.

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Tanya Shruti

Responded 2 years ago

A.When the WILL is already made it is not required for you to go and ask anyone. You can go to the court for it's execution.

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