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Who will have rights on fixed deposit of husband


29-May-2023 (In Property Law)
My widow sister with a daughter is remarried now. Her former husband had an fd of rs 2lakh without nominee. He didn't left any will. Now banking personal are telling to get signature of her parents also for claim. Can she get her and her daughter share in fd without signs of his parents. 
Answers (4)

Answer #1
748 votes
After remarry, women can not claim any right over the property or balance of deceased husband. Only child can claim the right over the property of the husband. Is she js minor wife can file on behalf of the minor child
Answer #2
583 votes
If parents are alive they do have claim on assets of husband until n unless there is will made by the deceased. Bank is right in asking noc from parents as they might come tomorrow asking for fd. Bank in order get their liability for discharged had asked for signatures of parents or else u have to get successions certificate from court
Answer #3
822 votes
It is absurd, if banking personal are asking your sister to get signatures of sister's parent. If she is married. Her rights are waived w r t her husband property. But her daughter's right out of her previous mRriage are still intact. Her daughter has a rightful claim on FD. And if old husband's parent are alive. They also have rightful claim.
Answer #4
988 votes
the daughter has to be filed a succession petition before the competent court of law and obtain a letter of administration. and file an objections before bank concerned being a legal heir. succession petition under section 372 indian succession act

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