Father in law had joint FD with brother from ancestral property

833 votes

As you said its FD created from the joint funds of the Father in law and brother in law, you have to write a letter to the bank informing that there is dispute of legal heirship and so the funds shouldnot be released to him.. but if the FD was in the name of either or survivor, in that case it will be difficult to get the payment stopped. you have to file a case for partition, wherein you have to include this very FD also alongwith other moveables and immoveable properties int he case...
if you are ready to file the case all claims will be decided after the suit gets decreed..

Advocate Ashutosh Dubey LawRato

679 votes

Please note that the Bank will not transfer the money in your Father in law's brother account till he has a "Succession Certificate" from the District Court. Even if he files a petition for the Succession Certificate to withdraw the money from the Bank Account of his deceased brother, notices will be issued to you so that you can object to the same. It is only when your mother in law gives consent can he withdraw the money from his deceased brother's bank account. In short, no one can withdraw the money till a succession certificate granted by the Court is furnished in his favour to the bank.

Advocate Manisha Ambwani LawRato

620 votes

I think you can surely file a suit for injunction. The whole concept of survivorship has been done away with post the enactment of the Hindu succession amendment act of 2005. In this view of the matter your wife has an excellent case to file proceedings before the appropriate court. Check section 6 of the hindu succession amendment act of 2005

Advocate Raghav Awasthi LawRato