How to Claim the Bank Balance of a Deceased Family Member – Legal Steps in India

When a loved one passes away, apart from the emotional loss, the family also faces the challenge of managing their financial affairs. If the deceased had money in a bank account, you must follow a legal process to claim it. Here’s a step-by-step guide to ensure you receive the funds without unnecessary delays or disputes.

1. Who Can Claim the Amount?

The right to claim depends on how the account was held:

• Nominee Registered: If the deceased had nominated someone in the bank records, the nominee can claim the amount directly.

• Joint Account Holder: If the account was joint with “either or survivor” clause, the surviving account holder can operate and withdraw funds.

• No Nominee or Joint Holder: In this case, legal heirs (spouse, children, or parents) will have to follow the succession process.

2. Legal Process to Claim the Bank Balance

Step 1 – Inform the Bank:
Submit the death certificate of the account holder to the concerned bank branch. This will help freeze the account to avoid misuse.

Step 2 – Check for Nomination or Joint Holder:
Ask the bank if a nominee is registered or if there’s a surviving joint account holder. If yes, the process is faster.

Step 3 – Submit Claim Form & Documents:
Banks have a standard claim form. Along with this, you’ll need:

• Death certificate (original + copies)

• Identity and address proof of claimant(s)

• Relationship proof with the deceased (legal heir certificate, succession certificate, or will)

• Bank passbook or account details

Step 4 – Legal Heir or Succession Certificate:
If there is no nominee, the court may require you to obtain a Succession Certificate or Legal Heir Certificate. In Punjab, this is usually applied for in the Civil Court with the help of an advocate.

Step 5 – Bank Verification & Payment:
The bank will verify the claim and release the funds either in a lump sum or by transferring them to the claimant’s account.

3. Important Points to Remember

• If there are multiple legal heirs, the amount is usually distributed as per the law of succession applicable (Hindu Succession Act, Muslim Personal Law, etc.).

• A nominee is not necessarily the legal heir; if other heirs object, disputes can be taken to court.

• Avoid withdrawing funds using the ATM or cheque after the account holder’s death — it can lead to legal complications.

4. Role of an Advocate

An experienced advocate in Ludhiana can help prepare documents, apply for a succession certificate, and ensure your claim is processed without legal hurdles. This is especially important when there’s no nominee or when disputes arise between heirs.

Conclusion:
Claiming the bank balance of a deceased person in India requires both emotional patience and legal precision. If handled properly, you can receive the funds in a timely and lawful manner while avoiding family disputes.