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Bank Account and Fixed Deposit Inheritance in India

Complete guide to inheriting bank accounts and fixed deposits in India - claiming deceased's bank balance, nomination vs succession, documents required, and process.

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Bank Account and Fixed Deposit Inheritance in India

When a loved one passes away, accessing their bank accounts and fixed deposits often becomes an immediate need. This guide explains the process of claiming these funds, whether through nomination, succession, or other means.

Overview of the Process

What Happens to Bank Accounts After Death

Upon Death:
- Account is frozen (if sole)
- No transactions allowed
- Cheques dishonored
- Standing instructions stopped
- Linked services affected

Who Can Claim

Claimants:
1. Nominee (if nominated)
2. Legal heirs (if no nominee)
3. Survivor (joint account)
4. Executor (if will exists)

Nomination in Bank Accounts

What Nomination Means

Nominee's Role:
- Receive funds on depositor's death
- Acts as trustee for legal heirs
- Does NOT become owner
- Holds for legal heirs
Nominee:
- Convenience mechanism
- Gets physical possession
- Must distribute to heirs
- Can be sued by heirs

Legal Heirs:
- Actual owners by law
- Can claim from nominee
- Entitled to inheritance
- As per will/succession laws

When Nomination Exists

Process:
1. Nominee approaches bank
2. Submits death certificate
3. Completes claim form
4. KYC verification
5. Funds transferred/released

Documents:
□ Death certificate (original + copy)
□ Nominee's ID proof
□ Nominee's address proof
□ Passbook/FD receipts
□ Bank's claim form
□ Indemnity bond (sometimes)
□ Photos

Claiming Without Nomination

When There’s No Nominee

Bank Will Require:
- Legal heir certificate
  OR
- Succession certificate
  (depending on amount)

Small Balances (Below Limit)

Simplified Process:
Many banks have threshold (₹1-5 lakh)
Below which they accept:
- Legal heir certificate
- Indemnity bond
- Letter of indemnity
- Without succession certificate

Large Balances (Above Limit)

Full Process Required:
- Succession certificate from court
- Time consuming (3-6 months+)
- Court fees involved
- More documentation

Joint Account Scenarios

Either or Survivor (E or S)

Process:
- Survivor continues operations
- Death certificate submitted
- Name changed to sole
- Balance remains accessible
- Simple process

Former or Survivor (F or S)

Process:
- First holder must operate while alive
- On first holder's death, second operates
- Clarify with bank

Joint (Both Required)

On One Death:
- Account frozen
- Survivor + legal heirs claim
- More complex
- Treated like sole account

Fixed Deposits

If Nomination Exists

Process:
1. Submit death certificate
2. Original FD receipt
3. Nominee ID/address proof
4. Claim form
5. Indemnity bond (if receipt lost)

Funds:
- Can break FD or continue
- Penalty may apply for breaking
- Or transfer to nominee's name

If No Nomination

Same As Savings Account:
- Legal heir certificate (small amounts)
- Succession certificate (large amounts)
- All heirs may need to sign

Joint FD

Survivor Gets:
- Full amount (if E or S)
- Follow bank's specific rules
- Death certificate required
- Usually straightforward

Document Requirements

Death Certificate

Must Have:
- Original death certificate
- Or certified copy from authority
- Name must match account holder
- Multiple copies helpful
Obtain From:
- Tehsildar/SDM
- Online in many states

Contains:
- Deceased's details
- All legal heirs listed
- Relationships specified

Succession Certificate

When Required:
- Large amounts
- Bank insists
- Disputes exist

Obtain From:
- Civil court
- Takes 3-6 months
- Court fees based on value

Other Documents

May Be Required:
□ Claimant's ID proof
□ Address proof
□ Passbook
□ FD receipts
□ Relationship proof
□ Indemnity bond
□ Affidavit
□ Photos
□ Application form (bank's)

Bank-Specific Processes

SBI

Process:
1. Visit home branch
2. Submit death certificate
3. Fill claim form
4. Provide nominee/heir documents
5. Verification
6. Settlement

Threshold:
Check current SBI guidelines for
simplified vs. full process

HDFC Bank

Process:
Similar to SBI
Visit branch or apply online
Document requirements same
Check specific threshold

ICICI Bank

Process:
Can initiate online
Document submission at branch
Follow their specific forms

General PSU Banks

Common Process:
- Visit home branch
- Similar documentation
- May take 2-4 weeks
- Follow up needed

Special Situations

Minor as Nominee

Process:
- Natural guardian claims
- Guardian's documents needed
- May need court permission
- Funds held in trust

NRI Account Holder Dies

Additional Steps:
- FEMA compliance
- Repatriation rules
- May need CA certificate
- Different forms

Disputed Claims

Bank May:
- Not release funds
- Ask for court order
- Require all claimants to agree
- Suggest mediation

No Documents Found

FD Receipt Lost:
- Indemnity bond executed
- Higher security may be asked
- Duplicate receipt process

Passbook Lost:
- Less critical
- Account number is enough
- Bank has records

PPF Account

Process

If Nominee Exists:
- Claim by nominee
- Death certificate
- ID proof
- Completed form

If No Nominee:
- Legal heir certificate needed
- All heirs must claim or consent

Tax Treatment

PPF Proceeds:
- Exempt from tax for legal heirs
- Nominee not liable
- No TDS

Recurring Deposits

Process

Similar to FD:
- Death certificate
- Nominee/heir documents
- Can close early (with penalty)
- Or transfer to heir's name

Tax Implications

For Nominee/Heirs

General Rule:
- Amount received is not income
- Not taxable
- Capital gains rules don't apply
- It's inheritance

Interest Earned

Accrued Interest:
- Until date of death: Deceased's income
- After death: Heir's income
- TDS may be deducted
- Claim in own return

TDS on Bank Account

If TDS Deducted:
- Claim refund in ITR
- Or submit Form 15G/H if eligible
- Coordinate with bank

Checklist for Claiming Bank Accounts

Before Approaching Bank:
□ Locate all accounts
□ Find passbooks/FD receipts
□ Get death certificate (multiple copies)
□ Check nomination status
□ Identify all nominees
□ Gather heir information
□ Get legal heir certificate if needed

At the Bank:
□ Carry all documents
□ Fill claim forms
□ Sign indemnity bond if needed
□ Provide photos
□ Complete KYC
□ Get acknowledgment
□ Note timeline

Follow Up:
□ Track claim status
□ Visit if delayed
□ Escalate if needed
□ Get settlement statement

Timeline

Typical Timeframes

With Nomination (Simple):
- 15-30 days typically

Without Nomination:
- Depends on documentation
- Legal heir certificate: Add 2-4 weeks
- Succession certificate: 3-6 months

Variables:
- Bank efficiency
- Document completeness
- Disputes
- Amount involved

Common Issues

Bank Delays

If Delayed:
- Follow up in writing
- Escalate to branch manager
- Regional office complaint
- Banking Ombudsman

Document Rejection

Common Reasons:
- Unclear death certificate
- Mismatch in names
- Incomplete forms
- Missing documents

Solution:
- Clarify requirements
- Correct and resubmit
- Get proper attestation

Family Disputes

When Heirs Disagree:
- Bank freezes account
- Court order needed
- Consider mediation
- Lawyer involvement

Tips for Smooth Claims

Prevention Is Better

While Alive:
- Add nominee to all accounts
- Keep records updated
- Inform family of accounts
- Maintain document file
- Consider joint accounts

For Claimants

Best Practices:
- Act promptly (interest continues)
- Gather all documents first
- Visit branch personally
- Keep copies of everything
- Get written acknowledgment
- Follow up systematically

Conclusion

Claiming a deceased person’s bank accounts and fixed deposits can be straightforward with nomination, or complex without. Understanding the process and having proper documents makes the experience smoother.

Key Takeaways:

  1. Nomination simplifies—ensure all accounts are nominated
  2. Nominee ≠ Owner—they hold for legal heirs
  3. Joint accounts easier—E or S continues seamlessly
  4. Small amounts easier—banks have simplified processes
  5. Large amounts—may need succession certificate
  6. Document everything—death certificate, ID, relationship proof
  7. Follow up—banks may need reminders
  8. Plan ahead—nomination and records while alive

Immediate Steps After Death:

  • Collect death certificate copies
  • Locate all bank documents
  • Approach bank promptly
  • Start documentation process

Bank procedures vary. Check specific requirements with respective banks. For large amounts or disputes, consult a lawyer.