Your legal adviser this week

Query :
My father died few months ago. We are three brothers and two sisters. Our mother still alive. My father had a bank account where he deposited more than one crore BDT. My mother was the nominee. But, now my brothers are trying to influence her to withdraw the money and provide them. But, we the sisters are also heirs of our father. So now my question is whether we can claim our portion from our mother and brothers? If yes, how?
Sumona, Dhaka

Legal Opinion :
Yes, you can. Only nominee is not entitled for money deposited in the bank account. Actually all legal heirs are the owner of the money from account of the banks not the nominee. The legal position of the nominee has been a controversial issue in Bangladesh for a long time. Previously, under section 4 of the Government Savings Banks Act of 1873, a nominee was the absolute owner of the deposited money in the event of the death of the depositor excluding all rights of the legal heirs. Legal heirs were entitled to inherit only when the depositor dies without making any nomination. In such cases the legal heirs were required to obtain a succession certificate under the Succession Act of 1925.

Succession Certificate is a certificate granted by the Courts to the legal heirs of a person dying intestate leaving debts and securities. Basically succession certificate is needed to withdraw the deposited amount of money of a person died or any promissory note, debenture, stock or other security of the Government or any stock or debenture of, or share in, a company or other incorporated institution or any debenture or other security for money issued by, or on behalf of, a local authority or any other security which the Government may, by notification in the official Gazette, declare to be a security for the purposes of this Part. The provisions relating to succession certificate is enumerated in section 370 to 389 of the Succession Act 1925.

In order to obtain succession certificate you need to file a succession suit before the District judge court by your lawyer. You may have to pay 2% of total amount as court fee. A declaration have to submit with petition where you have to declare that, which relation between you and deceased person have, the deceased person didn’t will or gift his money to any person, there was no letter for will and other heirs gave you the power to withdraw money. You are also required to submit the death certificate of the deceased person and must have to submit the account statement of the concern bank account. There is no time limitation to file the succession suit, but you should file as soon as possible. Actually such succession certificate will be obtained within two months to six months.