Yes you can approach the competent court for the same
Name Change
Bank account jointly opened by my mother and Sister in 2007 in Chennai.(Sister name on account is her maiden name) Sister got married in 2004 and has marriage certificate registered in Goa which shows her name changed prior and after marriage. my brother in law job involves travelling hence he was not at a single place for more than 2 years. In 2016 My sister finally got settled in Thane and she started to work on getting her Aadhar ,PAN and other documents set and aligned. 2018 my sister got diagnosed with cancer and was advised to avoid travel till treatment was completed and she was fit. Unfortunately she expired in 2022 .Death certificate issue in her married name as per Aadhar Chennai branch bank account become inactive due to transactions not been done. We updated the bank about my sister demise they asked us to submit proof for both Account holders. We have submitted the proofs for my mother who is the primary account holder however bank has not made the account active and has mentioned they need proof for second account holder Second account holder Maiden Name before marriage proof which we have shown Degree certificate issue by madras university has her name before marriage Old Ration card has name before marriage Marriage certificate issue in GOA has her name before and after marriage I have approached the Gazette in Chennai for name change they mentioned they would issue only for people who are alive only Tahsildar office has been approached as well for issuing Alias name certificate they mentioned they have stopped giving such certificates Bank manager insists in getting an proof which states my sister name was this before and after marriage and mentioned that the marriage certificate issued in GOA cannot be accepted. Hence my question is Can i approach the court to issue once i produce the required proofs. Reason being i have 2 lakhs in that account and it is my money which i had placed for medical emergencies.
Asked 1 year ago in Civil Law
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7 Answers
apply for succession certificate for sister in district court
it can mention her maiden name as well as name after marriage
If it's a either or Survivor account then upon the death of your sister your mother can operate the account by herself.
There's no necessity for name change etc.
If your mother is also not available then you may have to obtain succession certificate for both separately.
Since your sister was married her husband and children will be the successors of her.
You can file the succession petition by adding her previous name add alias and obtain the certificate
It is sad to hear about your sister's passing and the difficulties you're facing with the bank. It sounds like you've already taken many steps to try to resolve this issue, including approaching the Gazette in Chennai and the Tahsildar office.
If the bank is still insisting on additional proof and you have exhausted all other options, it may be worth considering approaching a court to issue an order. A court may be able to issue an order recognizing your sister's name change after marriage based on the evidence you have, such as her degree certificate, old ration card, and marriage certificate.
In the event of having an "either or Survivor" account, following your sister's passing, your mother would be able to operate the account individually. No name changes or alterations would be required in this scenario.
If, for any reason, your mother is unavailable or unable to manage the account, you might need to acquire separate succession certificates for both your mother and sister.
Considering your sister's marital status, her husband and children would be considered as her successors. To initiate the process, you can submit a succession petition with her former name mentioned as an alias. This will enable you to obtain the necessary certificate.
Please note that the specifics of legal procedures can vary by jurisdiction, and it's advisable to consult with legal professionals familiar with the laws in your area to ensure accurate and up-to-date information.
Bank employees are idiots and unnecessary troubles account holders in such situations. Obtain order from court against bank.
- If your mother is alive , then the said bank cannot refuse to activate the joint account after dropping the name of deceased , if you have already submitted the death certificate .
- Since, sister has already died , then the bank will not consider her documents for activation of the account.
- You can lodge a complaint before the Banking Ombudsman of Reserve Bank of India against the said bank
- In case of death of both the account holder , there is requirement of Succession Certificate from the court.
- Further , you can also issue a legal notice to the said bank.
