Wednesday, April 10, 2019

A FUNNY CASE OF NOMINEE VS LEGAL HEIR UNDER THE JURISDICTION OF AN IMMATURE JUNIOR JUDGE OF A JUNIOR DIVISION CIVIL COURT !!!

"K, the mother of a son and a daughter, who 
is an Account Holder of a 
Fixed Deposit Certificate has EXPIRED; 
as K's son is the nominee, 
so he must get the full money, 
not to be SHARED. 
But, as per Supreme Court, 
a nominee is just 
a mere CUSTODIAN; 
so from any Court, K's daughter can get 
a 50%-50% sharing order as per 
the 'Certificate of SUCCESSION.' 
K's son is keeping the 
original Fixed Deposit 
Certificate in his HOUSE. 
K's daughter has filed a case 
against K's son as if a 
cat is chasing a MOUSE. 
The Bank is ready to pay 
both the legal heirs, the 50%-50% 
of the deceased AMOUNT; 
but, the Bank is not having 
the original Certificate of 
the Fixed Deposit ACCOUNT. 
A Judge of a 
Junior Civil Court 
cannot issue an arrest WARRANT, 
though it got issued against the 
Branch Manager to show egoism and some 
powers of a Judge which is INHERENT. 
On the Hearing Date, an Order got issued 
that even without getting the 
Original Fixed Deposit Certificate, the 
Bank must pay 50% of the 
deceased amount to K's DAUGHTER. 
Can a Bank pay the amount 
without taking the 
original Fixed Deposit Certificate 
from K's son in this MATTER ! 
Can a Junior Civil court's order change 
the existing KYC norms and 
due diligence policy of 
any Bank under RBI GUIDELINES ?  
Instead of harassing the Branch Manager 
unnecessarily, why the Court cannot issue 
an arrest warrant against K's son 
with bail amount FINES ?"- Arindam Sain

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