Claim of FD's made by me in my wife's name
11 months ago
Dear Advocates
I am V Ganesan, a Senior Citizen 71+... myself & my wife are living separately for the past 13+ years due to differences of lifestyle (but not legally separated)
I made 6 or 7 FD's with a toyal face value of Rs 45 lakhs in the year 2006/2007.
As we both are not living together can I claim OWNERSHIP of those FD's? Or Claim 50%? I have full supporting documents related to the source of the money and as they are Transfered from my bank account in UAE.
I would appreciate your valued opinion, on this. Being 71+ I am finding it too difficult to support myself... no PF or no Savings or deposits on my name as I worked in middle east more than 24 yrs.
My constant please to my wife who is living in USA, were in vain (no responses at all).
Thanks
V Ganesan
7904245180
[email protected]
You may file a suit before Civil Court for declaration that you are the owner of said FD’s and Bank may be directed to release the maturity value of such FD’s or to get release pre-maturely.
With due regards, it is to inform you that in the absence of the mode of operation of those FDs which were bought jointly by you with your separated wife, it cannot be suggested whether you can withdraw and enjoy the whole proceeds on maturity or even in case of premature encashment of said FDs. In case the mode of operation of said FDs is Either or Survivor, you can withdraw and enjoy the proceeds on maturity if the same remained unclaimed by your wife who got the right to claim on the proceeds being your legally married wife in the absence of any order of divorce or judicial separation. To avoid any litigation or consequences you may enjoy 50% of the maturity proceeds of FDs keeping the rest in the account of your spouse.
As per the information you have mentioned it is suggested to you that if those FDs are made by your own self then you have full ownership on those FDs.
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