Yes u can get.. Claim your money
My blind father and step mother joint name fix deposit Rs 1000000 on state bank of India.My blibd father died on 11/04/2018. My step mother transfered all Fix diposit her name on 11/05/2018 in State bank of india kudasan branch.My self elder daughter late kantilal first wife.My step mothet transferd all money her name.We are legal hier.We can get my share in my father joint Fix deposit.
Your father 50 percent share would devolve on you and your step mother equally
file suit claiming equal share in money lying in FD
Yes you should get your mother share in those FD of father's 50% share. Kindly apply for succession certificate and party to Bank and your step mother.
1. IF Father had not prepared any WILL, THEN "ALL" his residual legal heirs (ALL children & Present Wife) are entitled to EQUAL share in ALL properties standing in name of Father,
2. IF Step-Mother is uncooperative THEN file Civil Court suit to claim your share of Father's ALL properties. There is no other simpler solution.
Dear Client,
You may visit the concerned Bank to enquirer about the matter. You may also file a Suit for partition making bank as a Party.
Issue notice to your step mother seeking partition of properties left by your father.
Followed by filing suit for partition of the properties.
Hello,
1. Yes. On death of your father his half share I.e.5 lakhs if rupees is liable for equal division between your step mother and your siblings.
2. Therefore send her legal notice claiming your due share in default of which suit for partition can be filed.
3. Case for criminal breach of trust is another option.
File partition suit in court.you have equal share in property. First try by filing FIr of cheating and criminal breach of trust.
The step mother was joined in the FD as a joint account holder
In such cases the mandate to the bank is of 'either or survivor'
Thus after demise of one joint account holder, the funds can be transferred to the survivor account holder and the latter has to hold the funds as a trustee for the legal heirs of the deceased account holder
Thus you have a share in the 10 lacs alongwith your step mother
You will have to file a suit against her if she denies your right
It was a joint account with either or survivor basis scheme.
If that is confirmed then your step mother automatically becomes the owner of the fixed deposit in the joint name, on the death of the joint owner.
Therefore an y claim on the basis of legal heir may not be maintainable in law.
He must have made a nominee. If he had then the money has to be divided as per the nomination. A succession certificate is required to divide the money.
Dear Sir/Madam,
You are suggested to serve a legal demand notice for the share and then file the suit in the court for the same.
You can file suit to claim your share from assets of your father as his legal heir against your step mother.
Dear Client
This is to inform you that,