Your
Advocate
This
week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh.
His professional interests include civil law, criminal law and constitutional
law.
Q:
If I apply for "Succession Certificate" for claiming from
the Bank my deceased husband's balance in his Current Deposit A/c is
it mandatory that, I must obtain prior consent in writing on the Succession
Certificate from my in-laws? Our relations are strained, so, impossible
on our part to procure their signatures. 2. Obviously it is crystal
clear that, neither shalll I claim my in-laws share nor shall any Bank
ever pay the same. 3. My daughter of 18 months age has been living with
me ever since conception and she was born on Apr 19, 2002 for which,
the entire Maternity/Delivery expenses of the Clinic was paid by me
inclusive of her entire other expenses till today. So, the question
of my daughter's 50% share of my husband's balance in his A/c, is it
mandatory for the Bank to pay into my possession/Account?
Rokeya Kasim Putool, E/G9, Firozshah, Chittagong.
Your
Advocate: Things will become clear if you read the earlier
two replies given to your queries together with the present one. The
context of your problem suggests that by 'succession certificate' you
have meant 'application for succession certificate' and by 'consent'
you have meant 'signature.' Yes, all the successors of the depositors
are required to sign the application. But if any one does not like to
join you it is not imperative for you to persuade him or her by any
means. As far as I remember I advised you to participate in the certificate
proceedings then proposed to be initiated by your in-laws. You have
not mentioned what happened to that move in this regard or what prompted
you to file one for yourself? Well, if circumstances necessitate filing
one there is no wrong in it. You can file the case with your signature
and with the signatures of those who are agreeable citing all others
as opposite parties. Court in exercise of its jurisdiction will issue
summons to them to appear before it.
Your
daughter's share to her father's property remains unaffected. The Bank
is bound to pay off the deposit to the successors of the depositor in
accordance with the share determined by the court. Naturally you are
now mentally disturbed by the tainted relationship with your in-laws
and badly bothered about the property left behind by your late husband.
In the realities of your life it would be advisable for you to keep
in touch with a lawyer.
