Legal Question in Banking Law in India

my uncle was having a SB account with indian bank.As he was not married,he nominated my brother in this account few years back.he had told about this to me but unfortunately he had not received any number regarding the nomination at that time but as he was under the impression thAT HE HAD NOMINATED MY BROtHER AS THE NOMINEE,HE DID NOT MENTION ANYTHING ABOUT THE ACCOUNT IN HIS WILL.but at the same time,he had entrusted a letter instructing me regarding some payments to some poor people.in this letter he has clearly mentioned that he has nominated my brother but when he expired my brother contacted the bank.the bank asked him to produce the registeration number of the nomination which he was not having.i am sure my uncle had registered the nomination and it will be in their records.i fear they might have omitted to enter it while computerising the records.now what should i do?the bank has asked to produce legal heirship and other papers.he had one sister and brother.they are no more.sister is having 7 children and brother 3 .how can we get the amount from the bank .if we get it.will we have to divide teh amount among 10 ?is it necessary that the nominee should give the number to the bank?


Asked on 4/15/12, 10:39 pm

2 Answers from Attorneys

Santosh Dash Legal Consultant

if you dont have the nominee number, write to bank/ombudsman to get the same. If there is no nomination, the amount need to be distributed among legal heirs.

Check the will again, how come it is not mentioned in it? If there is something like 'all other assets', it will be sufficient

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Answered on 4/15/12, 10:53 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Have you produced legal heir certificate / proof. i think that is sufficient.

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Answered on 4/16/12, 3:21 am


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