• My blind father and step mother joint name fix deposit my blind father died on 11/04/2018 and Thani

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.
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

Yes u can get.. Claim your money

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Your father 50 percent share would devolve on you and your step mother equally 

 

file suit claiming equal share in money lying in FD 

Ajay Sethi
Advocate, Mumbai
96917 Answers
7820 Consultations

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.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Issue notice to your step mother seeking partition of properties left by your father.

Followed by filing suit for partition of the properties.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes you can only get if the same is not denied by your father in will. 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

Hello,

  1. As it was a joint deposit you have a share in the 50% of the deposit that was your father's share of the deposit. If you are the only child of your deceased father, you can claim 50% of the share of your father, which is 5% of the total deposit.
  2. You must get a legal notice issued to the step mother and the State Bank of India demanding the amount to be given to you as the bank ought to have sought a legal heir certificate from the step mother before transferring the amount to  her account.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23216 Answers
514 Consultations

File partition suit in court.you have equal share in property. First try by filing FIr of cheating and criminal breach of trust.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

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

Yusuf Rampurawala
Advocate, Mumbai
7678 Answers
79 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
87118 Answers
2338 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

File a suit against your stepmother for getting your share. You are liable to get the share.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can file suit to claim your share from assets of your father as his legal heir against your step mother.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Dear Client

 

This is to inform you that,

 

  • You are entitled to the amount of share that your father has deposited in this FD account as his legal heir.
  • If your Stepmother is denying the same then in order to receive your share you can send the Legal Notice to your Stepmother demanding, your share of amount followed by a Suit under Section 10 of Hindu Succession Act.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

if your father died intestate without leaving will then you can claim share in 50% share by filing partition suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

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