Joint Fixed Deposit With No Nominee — Both Account Holders Deceased, How to Claim FD Amount From Bank?
My grandmother and my father held a joint fixed deposit of ₹10 lakhs in a government bank, with my grandmother's name as the primary account holder and my father's name second. My father maintained this arrangement so my grandmother could feel financially secure and to avoid family disputes over money. My grandmother passed away last year and my father passed away six months later. There was no nominee on the fixed deposit. My father had no siblings. We submitted both death certificates to the bank and my mother filed a claim as the sole surviving claimant. However the bank is insisting we produce documents from other claimants on my grandmother's side before releasing the funds. My mother is a senior citizen with serious health problems and urgently needs this money for medical expenses. How should we proceed?
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Team Legistro
Official
3 weeks ago
The bank's position, while frustrating given your circumstances, is legally correct and they are simply exercising due diligence before releasing funds where there is no nomination and both account holders are deceased.
The core issue here is that since the fixed deposit was held in joint names, your grandmother and your father each held a 50% share in it. The legal heirs of a Hindu female are determined differently from those of a Hindu male under the Hindu Succession Act. Your grandmother's 50% share does not automatically pass to your father's side — it passes to her own legal heirs, which could potentially include her other children, grandchildren, or other relatives if any exist. This is why the bank is asking for documentation establishing that there are no other claimants on your grandmother's side.
You have two practical options to resolve this. The first and faster option is to obtain a legal heirship certificate from the revenue department, specifically the Tehsildar or Sub-Divisional Magistrate of your area. This certificate lists all legal heirs of the deceased and can be applied for online in most states. It typically takes 10 to 15 days to process. Once you have legal heirship certificates for both your grandmother and your father establishing that your father was her only son and your mother is your father's sole heir, submit these to the bank along with an affidavit and indemnity bond as the bank may require.
The second option, which is more conclusive but takes longer, is to apply for a succession certificate from the competent civil court. You will need to file a petition mentioning the details of the fixed deposit, attach both death certificates, pay the requisite court fees, and publish a notice as directed by the court. A succession certificate typically takes three to six months but carries greater legal weight and the bank cannot refuse it once granted.
If you have a ration card or any other government document showing your father as the only son of your grandmother, submit that as supporting evidence alongside your application. If the bank continues to create unnecessary difficulties even after you submit proper legal heirship documents, you may file a complaint with the Banking Ombudsman or approach the appellate authority of the bank, details of which are available on the bank's website.
Given your mother's health condition and urgency, pursue the legal heirship certificate route first as it is faster, and approach the court for a succession certificate only if the bank refuses to accept it.
⚖️ This is general legal information, not legal advice for your specific situation. For personalised advice, consult an advocate directly.
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