Inform the bank not to disburse money lying in joint FD
2)apply for succession certificate from district court for money lying in FD
Withdrawal / revocation of affidavit
My wife and I issued an all encompassing no claim affidavit in favour of my sister to receive the monies from a joint FD in the bank This was based on a verbal assurance that she will hand over my share to me once formalities are complete This affidavit was issued in February 2020 8 months ago. She has nothing acted on the matter and now she is taking up contentious issues Hence I wish to revoke the affidavit What are my options Regards
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
If I successfully revoke the affidavit what are the steps my sister can take against us for this action
Asked 4 years ago
Where did you give this affidavit, is it a registered document or just an affidavit sworn before a notary public.
However until and unless it is not submitted in court as a proof of your acceptance to the proposal made in this subject, it may not have any legal importance or validity especially if she is trying to enforce the same before court of law.
But you are at your own rights to cancel the affidavit either by retrieving the same or executing another affidavit before the same notary referring to the previous one and mention that the previous one stands cancelled for the reason you may rely upon.
Since your sister has not acted upon as per the assurance given by her, this revocation may not enable her to take any legal action on this because there was no consideration passed, however you can challenge the same legally if at all she is up to any legal action on the revocation of the affidavit.
Sister can at most take legal proceedings to claim her share in money lying in fixed deposits
1. You had authorised your sister under affidavit to do some job for and on your behalf.
2. You can revoke the said authorisation under affidavit and inform her about the same by sending her the copy of the said revocation affidavit by speed post. Collect track record of delivery of the said revocation affidavit.
3. Send copy of the said revocation affidavit to all concern and also publish in two local Newspapers, one being in vernacular.
4. Thereafter deal with the Banks wherein those FDs were opened directly.
The steps have been detailed in my earlier post.
Dear Sir,
You may get issue a legal notice to her and and also your bankers saying you have withdrawn the affidavit and also release in news papers. She cannot do anything as you are also having a share in the amount.
