Inheritance of FD when Son Deposit FD in Fathers's name
2 years ago
Dear Lawyer Sir,
I need one advice , would be really grateful if you can give a precise answer or counter legal remedy
Subject:Inheritance of FD when Son Deposit FD in Fathers's name ,as per RBI nominee(son) is just a custodian
Context :
There is two legal hier son and daughter
Subject:Inheritance of FD when Son Deposit FD in Fathers's name
, Money invested is entirely of Son but technically in Father's name -neither dauther or Father invested any amount in FD
Son deposits 60 Lacs as Fixed deposit in fathers' name and Entire money is of the son , Not a single paisa is from any father source of income or dauthter source of income, Son is presenent as nominee
Now as per RBI , the nominee are just custodian of the money and not the owner or sole inheritor , so custodian technically means even though son is is nominee , this doesnot mean that technically ,son will get ownership of entire fd amount , in even of any sudden demise of father .
So as per RBI technically even daughter or all legal hier has eqal rights (in abense of clearly stated will )
Now , in this specific scenario Daughter is not there anywhere (wrt fd, neither deposited any amount nor present anywhere in fd) , Father didn't depost any amount in FD , Entire money is Son investment .
So the objective is entire FD principal and interest should be given to son in event of father demise ( as the money is fully invested by son , however notice that FD is in the name of Father, hence in eyes of law money in FD is entirely Father)
Now ,with above constraints , Can son legally claim all the principal and interest without any possibility of legal clash ?
if not what is the legal precautionary remeady (note writing will is not an option) ?
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
If the father cannot write will then ask the father to close the FD and transfer everything to the son. Nonetheless if nothing works then on demise of father the nominee ( son) will get the money from the bank but the risk of daughter asking for her right will always remain there.
There is one more issue that in case the father writes a will in the favour of daughter then the son will lose out all the money.