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Wife missing complaint filed how can we claim FDs in wife's name


27-Oct-2023 (In Civil Law)
My wife is diagnosed with stage 4 stomach cancer.She was done with her surgery her chemotherapy was going on.Thinking that she is creating problem for us,she left home.Its been more than 2 months but still we are not able to find her.She have some fds in financial institutions(pathpedi).Nominee is my son.Also he is joint account holder with her (savings a/c).Fds are already matured.As we were busy in searching her,I went after 1 month.They are telling You can't withdraw money,they require my wife signs.What all options do I have?We have already filed missing complaint.Can seven year period for missing person can be challenged as she is advanced stomach cancer patient?
Answers (2)

Answer #1
856 votes
You can challenge the seven year period but its difficult the court would pass an order in your favour. Until and unless you come to know the whereabouts of the person the bank will not allow you to withdraw any kind of money from the bank. 2 months is a very short period. you need to pressurize on police to look for her instead of filing the case.
Answer #2
594 votes
Yes! if you have medical certificate and other documents related with her treatments and report and expert opinion, you can have extra ordinary order from high court for availing you "Declaration of Death" if she was really on last stage of cancer.

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