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LET THE TRUST KEEP

GOING
(HAND BOOK ON SETTLEMENT OF CLAIMS OF DECEASED
CONSTITUENTS)

INSTRUCTIONS COMPILED BY P.SUKUMAR

STATE BANK LEARNING CENTRE


HYDERABAD

Foreword
There have been complaints of delays in settlement of claims
to the nominee / legal heirs of the deceased constituents by
our Bank, causing considerable hardship to the legal heirs who
are already under stress in coming to terms with their loss.

Claims by the legal heirs / nominee(s) could be in respect of


deposits, safe custody articles, contents of locker or pledged
gold ornaments. In as much as serious legal issues are involved
in the settlement of assets of a deceased person we need to
tread cautiously, without compromising the position of the
Bank, yet with empathy towards the heirs.

As far as our Bank is concerned, clear instructions have been


issued from time to time. An attempt has been made by SBLC
Hyderabad to compile all the instructions in one place through
this booklet. It should be of immense help to the Branch
Managers and other staff as a ready reference. More so,
people with lesser experience are taking charge as Branch
Manager / Accountant in the present day scenario. It is
however to be noted that this booklet is not a substitute for
Circular instructions, which must always be perused with care.

My compliments to Shri P. Sukumar, Manager (training) for


this commendable job in compiling the booklet.

S . Krithivasan
Circle Development Officer
State Bank of India
Local Head Office, Hyderabad
Date: 30.07.2010

Preface
It gives me immense pleasure in presenting this book on “Settlement of Claims of Deceased
Constituents”, designed for the officials working in Branches to settle the claims with ease with
the help of this book. To improve customer service and enhance the customer satisfaction /
experience, the Bank has removed major irritants in obtaining different documentary evidences
depending on the amount of claim to be settled and also simplified the procedure.

It is an attempt by our SBLC , Hyderabad to place the entire procedure to be followed in settlement of
claims of deceased constituents in respect of deposit accounts , safe deposit lockers , safe deposit
articles, pledged gold ornaments & release of title deeds and also special cases like missing persons and
various Formats to be obtained at the time of settlement, in one place, so that the officials working in
Branches will not feel inconvenient and spend lot of time in obtaining the formats and there by getting
delayed in settling the claims, which will in turn leave the already bereaved heirs in lot of hardship.

While the Bank has come out with simplification of Systems & Procedures in settlement of claims of
deceased constituents through the latest circulars to improve the customer satisfaction and also to
improve the Image of the Bank, we the “TEAM SBLC, HYDERABAD” have tried to make it possible by
designing a book on the same and made everything available at one place including each and every
Format that needs to be obtained at the time of settlement of claims.

I trust that this compilation will be of use for people in Operational and Controlling Offices. All of us
would be able to make good use of this kind of books for ourselves and to help our colleagues and co-
workers in taking proactive measures and safeguard the interests of our Bank. The compilation has been
done basing on the latest circular instructions as on 31st July 2010. While every care has been taken to
incorporate all current instructions of the Bank on the subject till the date of design of the book, the
state bank learning centre or its officers do not own any responsibility for omissions and commissions ,if
any. However the learners are required to refer to the Bank’s current Instructions while applying the
instructions to business decisions.

We will appreciate the suggestions and feedback, if any, from our readers to “The AGM, SBLC
Hyderabad (e-mail: agmstc.hyd@sbi.co.in) to make the future publications more useful.

STATE BANK LEARNING CENTRE ALURU. RAMA RAO


GACHOBOWLI, Hyderabad Assistant General Manager
Date: 30.07.2010 (Training)
Brought out by :

STATE BANK OF LEARNING CENTRE

Hyderabad – 500 019

Phone : 040- 23012599; 23012704

Fax : 040- 23012755

IP No :

AGM :

Sri Aluru. Rama Rao : 9949088359

Faculty Contact No’s:

Smt T Vasanta lakshmi : 9963550315

Sri Ch.V. Subrahmanyam : 9618229909

Sri K Sampath Kumar : 9963550312

Sri M.S.Muralidhar : 9963550311

Sri M. Ravindranadh : 9963550316

Sri D. Madhu babu : 9440030030

Sri A. Srikanth : 9848460388

Sri P.Sukumar : 9949098337

Sri D. Sudhakar : 9704807888

DISCLAIMER - While every care has been taken to incorporate all current instructions of the Bank on the
subject till the date of design of the book, the State Bank Learning Centre or its Officers do not own any
responsibility for mistakes that might have inadvertently crept in. This booklet is also not a substitute for
any of the Bank’s instructions n any matter.
CONTENTS

S.NO SUBJECT PAGES

1 Procedure for Claim Settlement In Case of Deceased Accounts Without 1


Legal Representation

2 Documents to be obtained for payment of balances in deceased 1


constituent's account

3 Delegation of Financial Powers & Treatment of Pipeline flows (funds) 2

4 Procedure to be followed on receipt of information of death of a constituent 3


5 Legal heirs 3-7

6 Minor & Guardianship 8


7 Deposits in joint names & survivorship clause; 9
8 Nominations: Pledged Gold ornaments 10-11

9 Settlement with legal representation 12

10 Succession Certificate 12

11 Wills and Probate 13

12 Letter of Administration 14

13 Order of the Administrative General attached to the High Court 14

14 Special category customers – Missing Persons 14

15 Release of Title Deeds of Deceased borrowers 15

16 Disposal of assets to constituents who are under imprisonment 16

17 Succession Certificate produced for delivery of Gold ornaments 16

18 Glossary 17-18

19 Revised Claim Form 1-7

20 Formats 1-35
PROCEDURE FOR CLAIM SETTLEMENT IN CASE OF DECEASED ACCOUNTS WITHOUT LEGAL
REPRESENTATION:

Claims can be settled without legal representation, where there are no disputes and all the
legal heirs do join in indemnifying the Bank.

PROCEDURE
The following procedure is followed for claim settlement in case of deceased accounts without
legal representation:
 Obtain copy of Death Certificate issued by competent authority after verifying with the
Original.
 Obtain Letter of Disclaimer / Letter of Relinquishment, if any.
 Fill Revised Claim Format from the claimants (other than those who have signed the
Letter of Disclaimer / Letter of Relinquishment)
 Obtain Power of Attorney if necessary.
 Identification of the claimants / Sureties /person furnishing declaration or Affidavit.
 Obtain Affidavit if necessary.
 Arriving at the worth of the surety (ies) to ascertain whether he (they) is (are) good for
the amount (if surety is necessary).
 Ask legal heirs and Sureties, if any, to come to Branch together for executing the Letter
of Indemnity (LOI)
 Disbursement of the Claim amount by issuing a Banker’s Cheque and obtention of
Receipt (by cancellation of Revenue stamp) from the claimants.
 Recording of the documents obtained in the branch record etc. Claim settled Register
for the Deceased Constituent Assets Accounts which is a part of the Branch Document
Register.
 Submission of proposal for sanction if it is beyond Branch Manager’s power.
 Submission of “Control Return” as per the existing format

DOCUMENTS:
Documents to be obtained for payment of balances in deceased constituent's account
without production of legal representation:

1. Balances up to and inclusive of Rs.50, 000/- No Sureties for claims.

 Revised Claim format signed by claimants + one independent witness.


 Stamped letter of indemnity (LOI) from claimant(s).

2. Balances above Rs.50, 000/- up to and inclusive Rs.1Lac - One Surety on LOI.

 Revised Claim format signed by claimants + one independent witness


 Stamped letter of indemnity from claimant(s) + One surety good for the amount
or two sureties jointly good for the amount.

3. Balances above Rs. 1Lac.

 Revised Claim format signed by claimants.


 Stamped letter of indemnity from claimant(s) + One surety good for the
amount or two sureties jointly good for the amount.
 Affidavit (stamped) from one independent respectable person well known
to the deceased family but unconnected with it and acceptable to the Bank.

DELEGATION OF FINANCIAL POWERS: (in lacs)


_________________________________________________________________________
PARTICULARS Chief Mgr Manager Dy. Asst. Asst.
(SMGS IV) (MMGS III) Manager Manager Manager
(MMGS II) (JMGS I) (JMGS I)

(i) Balances in accounts 5.0 3.0 1.0 0.50 0.30

(ii) Assets other than 3.0 2.0 0.50 0.30 0.20


balances in accounts
(value of assets)
__________________________________________________________________________
PARTICULARS AGM DGM GM CGM Group
Exec/Staff
Functionaries at
Corporate Centre (MDs/
DMDs)/ Local Board
___________________________________________________________________________

(i) Balances in accounts 10.00 Full Full Full Full

(ii) Assets other than 5.0 Full Full Full Full


balances in accounts
(value of assets)
____________________________________________________________________________

TREATMENT OF PIPELINE FLOWS (FUNDS):

 In order to avoid hardship to the survivor(s) / nominee of a deposit account, The


bank may be authorized by the survivor(s) / nominee to return the pipeline flows
(funds) to the remitter with the remark "Account holder deceased" and to
intimate the survivor(s) / nominee accordingly. The survivor(s) / nominee / legal
heir(s) could then approach the remitter to effect the payment through a
negotiable instrument or through ECS transfer or any other suitable mode in the
name of the appropriate beneficiary”.

 At the time of settling the claims of deceased depositors the Bank may obtain
appropriate authorization from the survivor(s) / nominee in the form of
unstamped “Letter of Authority with regard to the treatment of Pipeline Flows
(Funds) in the name of the Deceased Account Holder”, as per ‘Annexure A’
enclosed.

 The “Letter of Authority with regard to the treatment of Pipeline Flows (Funds)
in the name of the Deceased Account Holder”, shall be signed by the survivor(s) /
nominee or the claimant(s) of the deceased constituent.

PROCEDURE TO BE FOLLOWED ON RECEIPT OF INFORMATION OF DEATH OF A CONSTITUENT :

Information of death of a customer may be oral and / or in writing. If such information is received
orally, the authenticity must be verified, depending on the situation and a written confirmation
should follow. In Core Banking Solution (CBS), proper ‘Flagging’ and ‘Message’ should be made. A
condolence letter must be sent to the family of the deceased.

Payment of cheques:
Individual accounts:
Notice or knowledge of the death, insolvency, or insanity of a constituent prevents the Bank from
paying further cheques on that account. This holds true even if the cheques are dated prior to his
death, insolvency or insanity. Therefore, these cheques should be returned. However, there can be
cases of cheques that are purchased as Demand Drafts or are encashed under an arrangement such
as authority to encash cheques, State Bank Card etc. In such situations, The Bank should have made
such payments before receiving in-formation of the death, insolvency or insanity of the constituent,
as the case may be. Then, they are valid payments and may be put through the account at the
drawee branch even if the relative cheques are received subsequent to the death, insolvency or
insanity of the constituent.

Partnership account :
Cheques drawn on an account where one of the partners is deceased cannot be paid. A fresh account
may be opened with the remaining partners with fresh documents and operations allowed in that
account. A Confirmation of Balance certificate is to be obtained from the remaining partners as on
the date of the freezing of the operations in the account consequent on the death of one of the
partners.
Joint Hindu Family account :
If one of the Co-parceners dies, Karta can operate the account provided that the deceased has not
left a will. In the event of Karta dying, operations should not be allowed and payment may be made
against the joint discharge of surviving co-parceners.
Club and Association:
On the death of an office bearer, operations on the account should be stopped. However, cheques
drawn before the death of such office bearer shall be paid. The account will remain dormant till such
time the Bank receives a fresh resolution on the operations in the account.
Trust Account :
Unless there is anything contrary to this in the trust deed, surviving trustee(s) can operate the
account. In case relative trust deed provides for the appointment of new trustee, the operation on
the account should be stopped till such time new trustee is appointed and advised to the Bank

DEATH CERTIFICATE :

A copy of the Death Certificate should be obtained from the successors or the legal heirs after
verifying with the original Death Certificate. It should be recorded at the Branch. The following are
the competent authorities for issuing the certificates:

 Registrar of Births and Deaths


 The Local Sarpanch duly countersigned by the BDO or Tahasildar in case of death in remote
village (under Registration of Births and Deaths Act).

In case it is not possible to obtain the death certificate from the authority, the claimant should swear
an affidavit stating the date and place of death of the deceased constituents. The Death certificate
should be recorded in the Branch Sundry Documents Register which is part of the Branch Documents
Register.

LEGAL HEIRS:

On death of a person his or her assets devolve on his or her legal heirs as per the law applicable to
the religion of the person.
Intestate Succession Primary Heirs of a Male Hindu dying intestate
under Hindu Law
According to the Hindu Succession Act, 1956 which is applicable to all Hindus (which expression
includes followers of Jainism, Buddhism and Sikhism) the primary heir of a male Hindu dying
intestate are:
I. Wife
2. Son/s
3. Daughter/s
4. Mother
5. Son/Daughter of a Pre-deceased son, if any
6. Son/Daughter of a Pre-deceased daughter, if any
7. Wife of a Pre-deceased son, if any
8. Son/Daughter of a Pre-deceased son of a Pre-deceased son, if any
9. Widow of a Pre-deceased son of a Pre-deceased son, if any

Intestate Succession Primary Heirs of a Male Hindu dying intestate


under Hindu Law: Special Cases
The presence of heirs in the case of Son/Daughter of a Pre-deceased son of a Pre-deceased son, and
Widow of a Pre-deceased son of a Predeceased son, are both rare cases.

However, they are entitled to a share and will have to be taken into consideration while settling the
claim on an Affidavit-cum-Indemnity basis.

The father of the deceased is a second-class heir under Hindu Law and will be entitled to claim only
in the absence of the primary heirs. The primary heirs are entitled to share equally without any
preference. Therefore, if the deceased dies intestate leaving behind the primary heirs, and in the
absence of any disputes amongst them, the claim may be settled jointly in their favour on an
Affidavit-cum-Indemnity basis.

Intestate Succession Primary Heirs of a Female Hindu dying intestate


The primary heirs of a female Hindu dying intestate in respect of her self-acquired assets are:
I. Husband
2. Son/s
3. Daughter/s
4. Son/Daughter of a Pre-deceased son/daughter, as the case may be

The above primary heirs of a Female Hindu dying intestate are entitled to the assets equally without
any preference and the claim may be settled jointly in their favour on an Affidavit-cum-Indemnity
basis in the absence of any disputes.

Note:
If assets in question have been inherited from her mother or father, and at the time of her death she
leaves behind only husband and no issue, then such assets will not be inherited by the husband, but
the heirs of the father. Similarly, if the assets have been inherited by the deceased from her husband
or father – in – law and upon her death, if she does not leave behind any issue, then such assets will
not be inherited by other heirs as mentioned above, but by the heirs of her husband.

Primary Heirs of a Male Muslim dying Intestate


The primary heirs under Muslim Law in cases where the deceased was a male are:
1. Wife/Wives
2. Son/s
3. Daughter/s
4. Father
5. Mother
The rules governing succession under Muslim Law provide that the assets of the deceased will
devolve on the heirs in specific shares. This varies according to the surviving heirs of the deceased
Taking into consideration the Shares which each of the heirs will be entitled, the Primary Heirs are as
stated above. Therefore the claim may be settled jointly in favour of the Primary Heirs in the absence
of any disputes amongst them on an Affidavit-cum-Indemnity basis.

Primary Heirs of a Female Muslim dying Intestate


The primary heirs under Muslim Law in cases where the deceased was a female, taking into
consideration the Shares which each of the heirs will be entitled, are:
1. Husband
2. Son/s
3. Daughter/s
Therefore the claim may be settled jointly in favour of the Primary Heirs in the absence of any
disputes amongst them on an Affidavit-cum-lndemnity basis.

Primary Heirs in case of Indian Christian dying Intestate


The primary heirs in case of Indian Christians dying intestate are:
1. Wife/Husband, as the case may be
2. Son/s
3. Daughter/s
The above primary heirs are entitled to share equally where an Indian Christian dies intestate.
The claim may be settled jointly in their favour in the absence of any disputes on an Affidavit-
cum-Indemnity basis
DECEASED

SETTLEMENT OF DECEASED CLAIMS: CHART SHOWING LEGAL HEIRS IN DIFFERENT RELIGIONS


RELATIONSHIP HINDU MUSLIM MUSLIM PARSI CHRISTIANS/
WITH THE (SUNNI) (SHIA) (e) OTHERS
DECEASED (f)
FEMALE MALE(i) FEMALE MALE FEMALE MALE FEMALE MALE FEMALE(a) MALE(a)
1. WIFE/HUSBAND YES(d) YES YES YES YES YES YES YES YES YES
2. MOTHER NO YES YES YES YES YES NO NO NO(b) NO(b)
3. FATHER NO NO YES YES YES YES NO NO NO NO
4. SON YES YES YES YES YES YES YES YES YES YES
5. DAUGHTER(g) YES YES YES YES YES YES YES YES YES YES
6. SON OF YES YES NO NO YES YES YES YES YES YES
DECEASED SON
7. DAUGHTER OF YES YES NO NO YES YES YES YES YES YES
DECEASED SON
8. WIFE OF NO YES(h) NO NO NO NO YES(c) YES(c) NO NO
DECEASED SON
9. DAUGHTER OF YES YES NO NO YES YES YES YES YES YES
DECEASED
DAUGHTER
10. SON OF YES YES NO NO YES YES YES YES YES YES
DECEASED
DAUGHTER
11. SISTER NO NO NO NO NO NO NO NO NO NO
12. BROTHER NO NO NO NO NO NO NO NO NO NO
Foot Note
(a)Husband/wife can be made ineligible by an agreement before marriage
(b)If childless, father is also eligible along with husband/wife
(c)if un-remarried child’s/grandchild’s wife/husband also eligible
(d)If no children at all, heirs of whom who got the property originally
(e)Unborn children are also eligible
(f)Hanafi (Sunni)succession-depends on various situations, however, mother, father, wife, husband, son and daughter are
definite heirs
(g)Whether married or unmarried, no difference
(h)If son and his son have died; grandson, his wife and children are eligible for the property of grandfather
(i)If Hindu male dies, his son and son’s son also die; grandson’s wife, deceased daughter and grand children are eligible wef
2005
Hindu Succession Act is applicable to Hindus, Sikhs, Jain and and Buddhists
This is only for guidelines - Please obtain legal advice in case of clarifications, interreligious marriages and shares of the
property the heirs inherit etc., Source: Eenadu dt.04/May/2007

Minor
A person attains Majority on completing the age of 18 years. However, where there is a Court
appointed guardian, a minor attains majority only on completion of 21 years of age.
Note: By an amendment to the Indian Majority Act, a court appointed guardian also attains the
age of majority on completion of 18 years of age.

Guardianship

The personal laws provide the persons entitled to act as a guardian on behalf of the minors and
such a Guardian is called a Natural Guardian. A Natural Guardian can represent the minor’s
interest in respect of all movable assets and his actions will bind the minor. On the other hand,
a Legal Guardian is one who is appointed by the Court to represent the interest of the Minors.
The actions of the Legal Guardian bind the minor in respect of all acts permitted to be done by
the Legal Guardian under the Order of the Court.

Authority of Legal Guardian to act on behalf of the Minor

Where a guardian is appointed by the Court under the Guardian and Wards Act, the Order
appointing him as guardian is to be authorised to exercise the powers conferred on the
guardian. In case, the Court appointed guardian is empowered to collect/receive the assets of
the minor, the settlement could be made by permitting the minor to be represented by the
Legal

Natural Guardian in the case of Hindus Guardian

The Natural guardian in the case of Hindus is the father and after the father, the mother. The
Guardian is appointed under a Will executed by the father or mother to manage the assets of
the minor. In case of a married woman, the husband.
Natural Guardians in case of Muslims

The Natural Guardian in case of Muslims are:


1. Father
2. In the absence of the father, the grandfather (father’s father)
3. A guardian appointed to look after the minors under a Will executed either by the father or
by the father’s father, as the case may be.
Natural guardians in case of Indian Christians

The Natural Guardian in case of Indian Christians are:


1. The father
2. In the absence of the father, the mother.

Deposits in Joint Names with Survivorship Clause (E or S, F or S, L or S, etc.)


 In the case of deposits that have a survivorship clause, if the depositor dies, then it is
sufficient to record the Death Certificate and get an appropriate letter from the
survivors.
 For time deposits, the survivors can continue with the account just by deleting the
deceased depositor’s name from the TDR/STDR / Other FDs.
 In case of Current Account/ Savings Bank Account, the survivors should be asked to
transfer the balance to a new account in their own name and a fresh account opening
form should be taken.
 If the survivors want to close the account, they can do so. If it results in the premature
payment of a time deposit, then the interest should be paid at the rate applicable for
the period actually run. No penalty should be levied.

Joint Deposits without Survivorship Clause

When a joint account holder dies, in the absence of a clause like E or S, F or S, L or S, the
balance can be paid jointly to the survivors and the legal heirs of the deceased.
Here is an example. If there is an account in the joint name of A and B, and if A dies, the balance
cannot be paid to B alone. It has to be paid to B and to the legal heirs of A jointly. The
settlement can be made to the legal heirs of A either through legal representation or without
legal representation as the case may be.

Rival Claims
Sometimes there are cases when a person other than the surviving depositor makes a
representation to the Bank stating he/ she is the legal heir of the deceased, and that the
deposits should be paid to him/ her only, and not the survivor.
The Bank need not take this into account, even if it is in the form of a lawyer’s notice, and the
amount can be paid to the survivor. The legal position is that the survivor is entitled by the
survivorship clause only to receive the money from the Bank, but he does not get any title to it
the survivor holds the money thus received as trustee for the legal heirs. This needs to be
explained to the rival claimants and they need to be asked to proceed directly against the
survivors, without involving the Bank.
Court Order
If the Bank receives a court order restraining the payment to the survivor due to a rival claim,
then the court order should be carried out. If the payment has not been made, it should be
stopped. If the Bank is made a party in the case, then the matter should be contested by
engaging an advocate. Such cases should be reported to the Controlling Authority.

Nomination:

Nomination facility is available for deposit accounts, safe deposit lockers and articles in safe
custody only.

 Nomination can be made only in favour of one individual.


 Nomination can be made in individual capacity and not in representative capacity.
 Where the nominee is a minor, the depositor(s) while making the nomination may
appoint some other individual to receive the amount of deposit on behalf of the
nominee.
 Separate nomination forms are obtained for each TD receipts.
 The cancellation or variation of nomination shall not cease to be in force merely by
reason of renewal of deposit.
 Where any payment is made in accordance with the nomination, it shall constitute a
valid discharge irrespective of any claims by any person under a will or otherwise.
 Only when an injunction order is received from a Court restraining the Bank from
making payment to the nominee, the same is to be acted upon and payment should not
be made during the pendency of the injunction order.
 In case the deposits are held in the names of more than one individual, the cancellation
or variation in the nominations shall be made by all the depositors and should be noted
in the register and acknowledgement given to the depositor(s).

Nomination registered with the bank

The following steps have to be adhered to when Nomination is registered with the bank:
The nominee can apply to the Bank, in the prescribed format (Annexure 13), giving full details
of the accounts of the deceased depositor.

 Bank can also inform the nominee, if after a reasonable period of time it is found that
the asset is not claimed by the nominee.
 Signatures of two witnesses of good standing and integrity who are acceptable to the
Bank should also be obtained on the application. The witness can be any of the
following:
a) Magistrate or Judicial official
b) Any Officer of the Central / State Government.
c) Any Officer of the Bank.
d) Any two persons acceptable to the Bank.
 If the nominee is minor, the person appointed by the deceased account holder to act on
behalf of the minor and submit the form.

Forms DA1, DA2, DA3 are the different forms used for Nomination for Deposit accounts.

SL 1, SL 1A, SL 2, SL 3 and SL 3A are the different forms used for Nomination in Safe Deposit
Locker accounts.

Precaution:
Before parting with the contents in the safe deposit locker, an inventory is to be prepared
which is to be signed by the nominee in case of nomination by sole or by the nominee/s and the
surviving heirs in case of joint hirers and a copy delivered to him/them against
acknowledgment.
Special case
Where the locker is hired jointly by two or more than two persons, the hirers may nominate
one or more persons to whom access can be given to remove the contents of the locker jointly
along with surviving hirer/s. The form of nomination in such cases is Form SL.1A.

SC 1, SC 2, SC 3 are the different forms used for nomination in Safe Custody accounts.

Precaution:
Before parting with the articles kept in Safe Custody, an inventory of the articles shall be
prepared which should be signed by the nominee and a copy of the inventory so prepared shall
be delivered to the nominee against his acknowledgment.

Accounts having neither Survivorship Clause nor Nomination

In a deceased account where there is neither Survivorship clause nor Nomination, the assets
have to be delivered only to the legal heirs. As disposal with legal representation is time
consuming, to improve customer service, our Bank has devised a system of settling the
accounts without production of legal representation on the basis of Indemnity – cum –
Affidavit. This is applicable only when:
 The customer has died INTESTATE i.e. without a WILL and
 There are no disputes among the legal heirs and all the legal heirs (other than those who
have furnished a Letter of Disclaimer) join in indemnifying the Bank and there is no
reasonable doubt about the genuineness of the claimant (s)being the only legal heirs.

Pledged Gold ornaments

Closing of the Gold Loan by third party


When a person comes forward to repay the debt due to the Bank in deceased gold loan
account, he is not entitled to receive the gold ornaments. The gold ornaments are to be
delivered only to the legal heirs. For this a letter of Undertaking as per Proforma XXVII should
be obtained from the party to the effect that the deposit made by him will not entitle him to
take delivery of the gold ornaments.

Delivery of gold ornaments without production of legal representation


This is done on proper identification and on Affidavit – cum– Indemnity basis. The current
market value of gold ornaments pledged should be taken into consideration. The procedure
followed is the same as for Deposit accounts. However, the proforma of forms used are
different. They are as follows:
1. Claim format (XXV)
2. Letter of Indemnity (XXII)
3. Receipt (XXVIII)

Procedure in case of Settlement of contents of safe deposit locker in the absence of a


Nomination
Before the claim in respect of Safe Deposit Locker is processed, an inventory should be
prepared in the presence of two officers of the Branch and two Independent Witnesses (one of
them being a Notary Public, if available) and in the presence of the claimants who should affix
their respective signatures on the inventory report.
The report should ascertain the value of the contents in the Locker. Thereafter, the same
procedure as in the case of settlement of gold ornaments, is to be followed. The form of receipt
to be obtained while delivering the contents of a Safe Deposit Locker is as appearing in Form
XXIX.

SETTLEMENT WITH LEGAL REPRESENTATION:

 In cases where there are disputes and all the legal heirs do not join in indemnifying the
bank
 and
 In certain other exceptional cases where the bank has a reasonable doubt about the
genuineness of the claimants being the only legal heir (s) of the depositor. A legal
representation is one that is granted by a Court of Law entitling the legal heirs of the
deceased to collect the debts/securities or assets of the deceased. Bank may opt for
settling the matter through legal representation. The following documents represent
different forms of legal representation:
• Succession Certificate
• Wills and Probate
• Letter of Administration
• Order of the Administrative General attached to the High Court

Scope of a Succession Certificate


A Succession Certificate is a legal representation, which is granted only in respect of debts and
securities, and when the deceased has not left any Will (INTESTATE).
 It does not cover gold loan ornaments, articles in safe custody and safe deposit lockers.
 It is valid throughout India even if granted by a District Court.
 The Certificate specifies:
• Debts and Securities
• The person to whom it is granted.
 Any payment to the grantee/s on the strength of a Succession Certificate affords a valid
discharge to the person making the payment.
 Where a Succession Certificate is in favour of two or more persons, the payment of the
deposits should be jointly in favour of all of them.

Wills and Probate


If the deceased customer has left a WILL (TESTATE), it must be produced in a court. The court
after satisfying that it is the last Will of the deceased and was duly executed, will issue a
PROBATE. Some of the important issues pertaining to Wills are as follows:
An Executor is appointed by the person making the Will empowering him or her to do all acts
specified in the Will.
 It applies to both movable and immovable properties.
 A Will is not a compulsorily register able document
 A Will is compulsorily required to be attested by two attesting witnesses who are not
beneficiaries under the Will.
 A copy of the Will is always attached to the Probate.
 A Will does not require to be compulsorily probated in all the states of India.
 A Probate issued by a High Court is valid throughout India.
 If it is issued by the District Court, the Probate is valid within the State. In case the value
of property outside the state does not exceed Rs.10,000/- it is even valid outside the
state.
 Where a Probate of the Will is obtained from the Court, it gives authenticity to the due
execution of the Will and, therefore, a claim can be settled in favour of the beneficiary
(ies) in whose favour the deposits/gold ornaments/contents of Safe Deposit
Locker/articles kept in safe deposit are bequeathed on the strength of a Will which is
probated.

Muslim Laws regarding Wills


A Muslim cannot dispose of by Will more than 1/3rd of his property, and any disposition of
property in excess of 1/3rd is void. As it is difficult to know what is the 1/3 as far as the assets
left behind by the deceased with the Bank, it is safe to ignore a Will, if any, executed by a
Muslim unless all other heirs consent by way of undertakings in favour of the Bank to act upon
the Will.
Settlement of account on production of Will which is not probated
Before the directions given in a Will which is not probated can be acted upon, it is necessary to
ensure that the Will which is proposed to be acted upon is the last Will and Testament of the
deceased and was executed by him with his own free will and consent and in a sound and
disposing state of mind.
It would practically be difficult for the Branch to ensure the requirements mentioned above.
Therefore in cases where the settlement is requested by producing a Will, which is not
probated, the consent and indemnity of all other heirs who are entitled to the assets of the
deceased had the Will not been executed, be obtained while settling the claim.

Scope of a Letter of Administration


A Letter of Administration is the proper legal representation when the assets to be settled are
other than deposits/securities.
 It is issued by a Court in favour of an Administrator
• When the deceased has not left a Will.
• When the deceased has left a Will but has not named an Executor.
• When the Executor named therein refuses to act or himself is dead.
 It covers not only debts due to the deceased and transferable securities but also all
kinds of movable and immovable properties.
 It is valid throughout India if issued by a High Court.
 If it is issued by the District Court, it is valid within the State. However, if the value of
property outside the state does not exceed Rs.10,000/- it is even valid outside the state
 It is applicable in respect of delivery of pledged gold ornaments or contents of the safe
deposit locker to the legal heirs of the deceased.
 It authorises the grantee/s to administer the estate of the deceased and receive the
assets mentioned in the Schedule

Scope of an order granted by the Administrator General attached to a High Court


• The Administrator General attached to a High Court is entitled to grant a Certificate
(which is equivalent to a Succession Certificate) where the amount of the deposit does
not exceed Rs. 50, 000/-.
• A Certificate issued by the Administrator General for amounts less than Rs.50, 000 is to
be treated as a legal representation and the amount paid to the grantee/s of the
Certificate in the same manner as provided for in the case of a Succession Certificate
• The Certified Copy/Attested Xerox Copy of the Certificate is to be kept on record and a
receipt (Form III) is to be obtained in respect of such delivery from the grantee/s

SPECIAL CATEGORY CUSTOMERS:

Missing persons
The relevant provisions relating to persons unheard of and the burden of proof of whether a
person is alive or dead is contained in Sections 107 and 108 of the Indian Evidence Act. Where a
person is not heard of by those who would normally have heard of him for a period of Seven
years, Sec 108 creates a legal fiction of presenting that the person is dead

However, this presumption is not absolute and in the very preceding section (i.e. 107) it is
provided that where a person is shown to be alive within thirty years, then the presumption
that he is dead cannot be drawn. Therefore, the settlement in case of missing persons requires
to be handled with due caution and with prior reference to the Controlling Authorities.
Revised Instructions
a) With a view to alleviate hardship to claimants in respect of Missing Persons, it has been decided to
entertain small value claims without a valid death certificate.
b) In line with the RBI instructions, it has been decided that the claims up to a threshold limit of Rs
100000/-(Rs one Lac only) will be entertained without insisting for valid death certificate. All such claims
in respect of missing persons, reported missing for a minimum period of one year, shall be settled on
production of the following documents.
1. FIR
2. Non-traceable report issued by the police authorities.
3. Indemnity from the claimant.
4. Delegation of Power:
The AGM (Admin) of the respective region will be the authorized authority to settle such claims.
5. The claims in respect of missing person above Rs 100000/-- may be settled as per the existing
instructions i.e. after getting court order from the competent court.

Attorney Administrator
When a foreigner dies, leaving assets in India, but having named a person not residing in India
as the executor in his will, legal representation will have to be obtained first in the foreigner’s
country and on the strength of which letter of administration has to be obtained in India. For
remittance of the proceeds necessary approvals from RBI may be required.

Defense Personnel
The assets left with the bank by deceased Army, Air force, Naval personnel can be disposed off
without the production of legal representation irrespective of the amount as per the following
Acts:
a. Army and Air force
Disposal to be done in accordance with the provision of the Army and Air Force (Disposal of
private property) Act, 1950.
b. Navy
Disposal to be done in accordance with Navy Act, 1957 under section 171, 172 and 174

Release of Title Deeds of Deceased borrowers

The persons who are entitled to claim the Title Deeds of a deceased borrower are his heirs
depending on the Personal Law by which the deceased borrower is governed. To ensure against
wrongful delivery of Title Deeds, the following procedure is adopted:

a. Death Certificate may be obtained and kept on record


b. The Legal Heir Certificate issued by MRO may be obtained, if possible
c. A request letter from the legal heirs of the deceased borrower for return of the title deeds on
the lines of Form IV may be obtained
d. An Affidavit-cum-Indemnity executed by all the legal heirs of the deceased borrower before a
Notary Public on Non-Judicial Stamp worth Rs.100 on the lines of the Form V may be obtained
at the time of delivery of the title deeds
e. A receipt executed by the legal heirs on the lines of Form VI is to be obtained in respect of
delivery of the title deeds

Disposal of assets to constituents who are under imprisonment


The following aspects are to be ensured before the delivery of the ornaments could be made to
a third party:
i. The delivery should be against a specific request from the borrower
ii. The pledged ornaments should not be connected with the offence for which he is imprisoned
iii. The third party who seeks delivery of the gold ornaments should be identified and a
categorical authority should be conferred upon such third party by the borrower to receive the
gold ornaments on his behalf
iv. The signature on this Letter of Authority of the Borrower should be identified by the Jail
Superintendent under his official seal
v. The signature of the representative is to be obtained in the Gold Loan ledger
vi. The Letter of Authority on the lines of Form XXX may be obtained
vii. A Letter of indemnity should be obtained from the Borrower for delivery of the gold
ornaments to his representative under the Letter of Authority
viii. The execution of the Letter of indemnity by the Borrower should be certified by the Jail
Superintendent by way of a separate letter
ix. The form of Letter of Indemnity as appearing in Form XXXI x. The receipt Form XXXII to be
obtained from the representative while delivering the ornaments.

Succession Certificate produced for delivery of Gold ornaments

A Succession Certificate can be granted only in respect of debts and securities. It is not a proper
legal grant in the case of return of pledged gold ornaments. However, there are instances
where a Succession Certificate is granted with respect to delivery of gold ornaments showing it
in the Schedule as a debt or securities. In such cases, it would not be prudent to refuse
settlement of the claim when the claimants have spent considerable amount in obtaining the
Succession Certificate.

As a via media, the following procedure may be adopted in all such cases provided that there
are no rival claimants or disputes:

1. The Certified Copy/Attested Xerox Copy of the Succession Certificate may be obtained and
kept on record.
2. The claimants may be explained that a Succession Certificate is not a proper legal grant for
delivery of gold ornaments and therefore requested to execute a letter of indemnity for
delivering the gold ornaments to them.
3. A Letter of Indemnity on the lines of the draft furnished below may be obtained from all the
claimants while delivering the gold ornaments. A receipt FORM XXVIII may also be obtained
while delivering the gold ornaments.

GLOSSARY

AFFIDAVIT
On COS 539 duly stamped and sworn by two respectable persons, not related to the deceased, or to the
claimants and not having any interest in the claim, before a Notary public. A joint affidavit or separate
affidavits may be sworn (Heir ship certificate from a Tahisldar or village).
AGNATES
A person is said to be “agnate” of another if the two are related by blood or adoption wholly through
males. If there are no heirs of Class I and Class II, then upon the “agnates” of the deceased can claim.

CODICIL
It is an amendment or a supplementary will adding to the contents of the earlier will.
CLASS I HEIRS
Son, daughter, widow, mother, son/daughter of a predeceased son/daughter. Son/daughter of a
predeceased son of a predeceased son, or widow of a predeceased son of a predeceased son.
CLASS II HEIRS
Father, son’s daughter’s children, daughter’s grand children, children of brothers and sisters etc.
COGNATES
One is a “Cognate” of another, if the two are related by blood or adoption, but not wholly through males.
If there are no agnate, then upon the “Cognates” of the deceased can claim.

DIED TESTATE
The deceased person left a WILL.
DIED INTESTATE
The person died without leaving a WILL.

EXECUTOR
The person named in the will for giving effect to its provisions.

LETTER OF ADMINISTRATOR
If for any reason the executor is not able to discharge the responsibility, the beneficiaries approach the
court to appoint some other person. The person so appointed is an Administrator. The court issues a Letter
of Administration in such cases. Letter of Administration is also issued when a person died intestate and
the assets are in the nature of articles or valuables (e.g. Lockers, Safe Deposit articles, and ornaments).
LETTER OF DISCLAIMER
Where there are more than one heir and payment to be made to a lesser number, a stamped letter of
disclaimer will be executed by all the remaining heirs (not by or on behalf of a minor heir). This should
also be attested by a Notary Public. This is in case of only class I heirs.
LETTER OF INDEMNITY (COS 540)
To be executed duly stamped by the claimant(s) jointly with surety(ies), good for the amount involved.
The surety(ies) should be persons other than those who have sworn the Affidavit. Surety of relatives can
be accepted provided they are not directly involved as claimants. Those heirs who have given the Letter
of disclaimer will not sign the letter of indemnity. (In case of debts due only in case of deposits).

PROBATE
A certified copy of the WILL granted by a “Competent Court”.

SUCCESSION CERTIFICATE
Granted under Indian Succession Act, 1925 in respect of a claim to debts, shares, and securities.

WILL
Declaration of the intention of a testator with respect to his property to be carried out after his
death.
ANNEXURE ‘A’

“Letter of Authority with regard to the treatment of PIPELINE FLOWS (FUNDS) in the
name of the Deceased Account Holder”

[To be obtained at the time of settling the claims of deceased depositor and to be treated as Annexure to
the documents]
I/We………………………………………………………………………………………………….………
……………………………………………………………………………………………………….………
…………………………………………………………………………………………………………….…
….……………………………………………………………………………………………………………
Survivor(s) / nominee / claimant(s) of deceased Shri/Smt……………………………………………

(date of death …………) holder of account(s) number …………………..……………………………

………………………………………………………………………………….……………………………

with …………………………………………………. ……...Branch of State Bank of India, state that:

“In order to avoid hardship to the survivor(s) / legal heirs of (deceased) Sh/Smt.
………………………………. with regard to the treatment of pipeline flows (funds) in the name of
the deceased account holder, hereby authorize the Branch Manager / Manager of the
Division, State Bank of India, …………………………………………….. Branch, to return the
pipeline flows (funds) to the remitter with the remark "Account holder deceased" and to
intimate me/us, accordingly to enable me/us to approach the remitter to effect payment
through a negotiable instrument or through ECS transfer or any other suitable mode in
the name of the appropriate beneficiary”.

………………………………………………………………

………………………………………………………………

[Signed by the survivor(s) / nominee / claimant(s)]

Place:

Date:

Signed in the presence of witnesses

Name, Age Occupation Address Signature


1. …………………………... …… ……………… …………………………….. …………………

2. …………………………... …… ……………… …………………………….. …………………

Place:

Date:

ANNEXTURE 13

Claim format in which the Nominee will apply to the Bank to recognize his claim to the
deposit/articlesin safe deposit/safe custody account/safety locker

I shri/Smt/Kum._____________________________Nominee/appointed on behalf of the minor


nominee here by declare that I am the nominee /appointed on behalf of the minor nominee of the
deceased Shri/Smt_________________________. I furthet declare that I am nominated to claim the
deposit moneys /articles held in safe deposit/safe custody account/safety locker with
________________ Branch by shri/Smt_______________________________deceased . The deposit
moneys /articles held in safe deposit/safe custody account/safety locker are held in
account___________/Locker No.________________ safe deposit receipt No.________________safe
custody account No.____________ of Shr/Smt_________________________deceased .

Shri/Smt___________________________________ Signature_______________________________

(Nominee/Appointed on behalf of nominee) date_________________________

Address____________________

______________________

Witness*

1. Magistrate or Judicial Official 1.name_____________________


Address_____________________
______________________
______________________
Signature_______________________

Or
2. An officer of the Central/State Govt. Signature __________________

Or
3. An officerof the bank 2.name_____________________
Address_____________________
______________________
______________________
Signature_______________________
Or
4. Two persons acceptable to the bank

(*strike out whichever is not applicable)

FORM VII

FORM DA 1

Nomination under Sec 45ZA of the Banking Regulation Act, 1949, and rule 2(1) of the
Banking Companies (Nomination) Rules, 1985, In respect of bank deposits

I/We
______________________________________________________________________________
[name(s) and address(es)] nominate the following person to whom in the event of my/our/minor's
death the amount of the deposit, particulars whereof are given below, may be returned by
______________________________________________________________________________
(name and address of branch/office in which deposit is held)

Deposit Nominee
Relationship If
Nature DistinguishingAdditional details, if
Name Addresswith depositor, nominee
of mark or No any
if any is minor,
date of
birth

2. As the nominee is a minor on this date, I/We appoint Shri/Smt/Kum. __________________


(name, address and age) to receive the amount of the deposit on behalf of the nominee in the
event of my/our/minor's death during the minority of the nominee.

Place:
Date:
Name(s), signature(s) and
address(es) of witness(es)@
*Signature/Thumb impression of hirer

* Where deposit is made in the name of a minor, the nomination should be signed by a person
lawfully entitled to act on behalf of the minor.
# Strike out if nominee is not a minor.
@ Thumb impression(s) shall be attested by two witnesses.

FORM VIII
FORM DA 2

Cancellation of nomination under Section 45ZA of the Banking regulation Act, 1949, and rule 2(5) of the
Banking Companies (Nomination) Rules, 1985, in respect of bank deposits.

I/We
__________________________________________________________________________________
(name(s) and address(es))
Hereby cancel the nomincation made by me/us in favour of
__________________________________________________________________________________
(name and address)
in respect of
__________________________________________________________________________________
(give details of deposit)

Place:
Date:
*Signature/Thumb impression of hirer
Name(s), signature(s) and
address(es) of witness(es)@

* Where deposit is made in the name of a minor, the cancellation of nomination should be signed by a person lawfully
entitled to act on behalf of the minor.
@ Thumb impression(s) shall be attested by two witnesses.

FORM IX

FORM DA 3

Variation of nomination under Section 45ZA of the Banking Regulation Act, 1949, and rule 2(6) of the Banking
Companies (Nomination) Rules, 1985, in respect of bank deposits

I/We
______________________________________________________________________________________
(name(s) and address(es))
cancel the nomination made by me/us in favour of ______________________________________________
(name and address)
and hereby nominate t& following person to whom in the event of my/our/minor's death the amount of deposit,
particulars whereof are given below may be returned by _________________________________________
(name and address of branch/office in which deposit is held)

Deposit Nominee
If
Relationship nominee
Nature DistinguishingAdditional details, if
Name Addresswith depositor, is minor,
of mark or No any
if any date of
birth

#2 As the nominee is a minor on this date, I/We appoint Shri/Smt/Kum. ____________________


__________________________________________________________________________________
(name, address and age)

to receive the amount of the deposit on behalf of the nominee, in the event of my/our/minor’s death during the
minority of the nominee.
Place:
Date:
*Signature/Thumb impression of hirer
Name(s), signature(s) and
address(es) of witness(es)@

* Where deposit is made in the name of a minor, the variation of nomination should be signed by a person lawfully
entitled to act on behalf of the minor.
# Strike out if nominee is not a minor.
@Thumb impression(s) shall be attested by two witnesses.

FORM X

FORM SL 1

Nomination under Section 45ZE of the Banking Regulation Act, 1949, and rule 4(1) of the Banking Companies
(Nomination) Rules, 1985, by a sole hirer in respect of safety locker

I _________________________________________________________________________________
(name and address)
nominate the following to whom in the event of my/minor’s death
___________________________________________________________________________________

(name and address of branch/office in which locker is situated)


may give access to the locker and liberty to remove the contents of the locker, particulars whereof we given below:

Locker Nominee
Nature DistinguishingAdditional details, if Relationship
Name Address Age
of mark or No any with hirer

Place:
Date:
*Signature/Thumb impression of hirer
Name(s), signature(s) and
address(es) of witness(es)@

*Where the locker is hired solely in the name of a minor, the nomination should be signed by a person lawfully
entitled to act on behalf of the minor.
@ Thumb impression shall be attested by two witnesses.

FORM XI

FORM SL 1A

Nomination under Section 45ZE of the Banking Regulation Act, 1949, and rule 4(2) of the Banking Companies
(Nomination) Rules, 1985, by joint hirers in respect pf safety locker
We
__________________________________________________________________________________
(names and addresses)
nominate the following person(s) to whom in the event of the death of one or more of us
__________________________________________________________________________________ (name and
address of branch/office in which locker is situated)
may give access to the locker and liberty to remove the contents of the locker, particulars whereof are given below,
jointly with the survivor or survivors of us.

Locker Nominee
Nature DistinguishingAdditional details, if Relationship
Name Address Age
of mark or No any with hirer

Place:
Date:
*Signature/Thumb impression of hirer
Name(s), signature(s) and
address(es) of witness(es)@

@Thumb impression(s) shall be attested by two witnesses

FORM XII

FORM SL 2

Cancellation of nomination under Section 45ZE of the banking Regulation Act, 1949, and rule 4(5) of the
Banking Companies (Nomination) Rules, 1985, in respect of safety locker

I/We
_________________________________________________________________________________
[name(s) and address(es)]
hereby cancel the nomination made by me/us in favour of
__________________________________________________________________________________
[name(s) and address(es)]
In respect of the safety locker, the particulars whereof are given below:

Locker Nominee
Nature DistinguishingAdditional details, if Relationship
Name Address Age
of mark or No any with hirer
Place:
Date:
*Signature/Thumb impression of hirer
Name(s), signature(s) and
address(es) of witness(es)@

* Where the locker is hired solely in the name of a minor, the cancellation of nomination should be signed by a person
lawfully entitled to act on behalf of the minor.
@ Thumb impression should be attested by two witnesses.

FORM XIII

FORM SL 3

Variation of nomination under Sections 45ZE and 52 of the Banking regulation Act, 1949, and rule 4(6) of the
Banking (Nomination) rules, 1985, made by a hirer in respect of safety locker

I _________________________________________________________________________________
(name and address)
cancel the nomination made by me in favour of
__________________________________________________________________________________
and hereby nominate the following person to whom in the event of my death/minor’s death
__________________________________________________________________________________
(name and address of branch/office in which locker is situated)
may give access to the locker and liberty to remove the contents of the locker, the particulars whereof are given
below:

Locker Nominee
Nature DistinguishingAdditional details, if Relationship
Name Address Age
of mark or No any with hirer

Place:
Date:
*Signature/Thumb impression of hirer
Name(s), signature(s) and
address(es) of witness(es)@

* Where the locker is hired solely in the name of a minor, the cancellation of nomination should be signed by a person
lawfully entitled to act on behalf of the minor.
@ Thumb impression should be attested by two witnesses.
FORM XIV

FORM SL 3A

Variation of nomination under Sections 45ZE and 52 of the Banking Regulation Act, 1949, ad rule 4(7) of the
Banking Companies (Nomination) rules, 1985, by joint hirers in respect of safety locker

We
__________________________________________________________________________________
(names and addresses)
cancel the nomination(s) made by us in favour of
__________________________________________________________________________________
and hereby nominate the ____________________________________________________________
[name(s) and address(es)]
Following person(s) to whom in the event of the death of one or more of us,
__________________________________________________________________________________
(name and address of branch/office in which the contents of the locker, the particulars whereof are given below,
jointly with the survivor or survivors of us.

Locker Nominee
Nature DistinguishingAdditional details, if Relationship
Name Address Age
of mark or No any with hirer

Place:
Date:
*Signature/Thumb impression of hirer
Name(s), signature(s) and
address(es) of witness(es)@

@ Thumb impression should be attested by two witnesses.

FORMXXIX
FORM OF RECEIPT TO BE OBTAINED WHILE DELIVERING THE CONTENTS OF SAFE DEPOSIT LOCKER

RECEIPT

Received from STATE BANK OF INDIA, ________________________ BRANCH in complete order and in fill and
final settlement of all the claims made by me/us the contents of the Safe Deposit Locker No.
______________________ hired by Late Shri. __________________________

Brief Description of the Contents of the Safe Deposit Locker


1.

2.

3 etc

Place:
Date:
SIGNATURE OF THE CLAIMANT/S
ON REVENUE STAMP

FORMXV

FORM SC 1

Nomination under Section 45 ZC of the Banking Regulation Act, 1949, and rule 3(1) of the Banking
Companies (Nomination) Rules, 1985, in respect of articles left in safe custody with banking company

I
__________________________________________________________________________________
(name and address)
Nominate the following person to whom, in the event of my/minor’s deatht the articles left in safe custody, particulars
whereof are given below, may be returned by
__________________________________________________________________________________
(name and address of branch office in which the articles are left in safe custody)

Articles Nominee
If
Relationship nominee
Nature DistinguishingAdditional details, if
Name Addresswith depositor, is minor,
of mark or No any
if any date of
birth

#2. As the nominee is a minor on this date, I appoint


Shri/Smt/Kum._____________________________________________________________________
(name, address and age)
To receive the said articles on behalf of the nominee, in the event of my/minor’s death during the minority of the
nominee.

Place:
Date:
*Signature/Thumb impression of hirer
Name(s), signature(s) and
address(es) of witness(es)@
* Where articles are left in safe custody in the name of a minor, the nomination should be signed by a person lawfully
entitled to act on behalf of the minor.
# Strike out if nominee is not a minor.
@ Thumb impression should be attested by two witnesses.

FORM XVI

FORM SC 2

Cancellation of nomination under Section 45 ZC of the Banking Regualtion Act, 1949, and rule 3(4) of the
Banking Companies (Nomination) Rules, 1985, in respect of articles left in safe custody wit banking company

I _______________________________________________________________ (name and address) hereby cancel


the nomination made by me in favour of
__________________________________________________________________________________
(name and address)
in respect of ______________________________________________________________________ left by me in
______________________________________________________________________ (give details of articles)
safe custody with
__________________________________________________________________________________ (name and
address of branch/office in which the articles are left in safe custody)

Place:
Date:
*Signature/Thumb impression of hirer
Name(s), signature(s) and
address(es) of witness(es)@

* Where articles are left in safe custody in the name if a minor, the nomination should be signed by a person lawfully
entitled to act on behalf of the minor.
@ Thumb impression shall be attested by two witnesses.

FORM XVII

FORM SC 3

Variation of nomination under Section 45 ZC of the Banking Regulation Act, 1949, and rule 3(5) of the
Banking Companies (Nomination) Rules, 1985, in respect of articles left in safe custody with banking
company

I
__________________________________________________________________________________
(name and address)
cancel the nomination made by me in favour of
__________________________________________________________________________________
(name and address)
and hereby nominate the following person to whom, in the event of my/minor’s death, the articles left in safe custody,
particulars whereof are given below, may be returned by
__________________________________________________________________________________
(name and address of branch/office in which the articles are left in safe custody)

Articles Nominee
If
Relationship nominee
Nature DistinguishingAdditional details, if
Name Addresswith depositor, is minor,
of mark or No any
if any date of
birth

#2. As the nominee is a minor on this date, I appoint


Shri/Smt/Kum._____________________________________________________________________
(name, address and age)
To receive the said articles on behalf of the nominee, in the event of my/minor’s death during the minority of the
nominee.

Place:
Date:
*Signature/Thumb impression of hirer
Name(s), signature(s) and
address(es) of witness(es)@

* Where articles are left in safe custody in the name of a minor, the nomination should be signed by a person lawfully
entitled to act on behalf of the minor.
# Strike out if nominee is not a minor.
@ Thumb impression should be attested by two witnesses.
ANNEXURE – A
FORM XVIII
LETTER OF DISCLAIMER

[To be duly stamped as per the Stamp Act Applicable to the State]

To
The Branch Manager / Chief Manager / Assit. General Manager
State Bank of India

Dear Sir,
__________________________________”Account No._______________________________________________
In the name of Shri / Smt. / Kum__________________________________________________________________
Balance Rs. __________________________________________________________________________________
With reference to the above account(s), I/We the following legal heirs of late Shri / Smt.
Kum. __________________________ (Name of the deceased account holder) have to advise that we have no
interest in the above asset(s) and as much as we have no objection to your paying the balance amount lying in the
above account(s) with you in the name of the aforesaid Shri/Smt __________________ (Name of the deceased
account holder) to Shri / Smt /Kum.

1. _____________________________________________________________________________________
2. ___________________________________________________________________________________
3. _____________________________________________________________________________________
4. _____________________________________________________________________________________
5. ___________________________________________________________________________________

Such delivery of the payment in the above account(s) would be completely binding on us and we will not
question the Bank’s action in so doing in any proceedings. I/We also undertake to the bind ourselves, our heirs
and legal representatives not to revoke the declaration made herein.

Sl. No. Name(s) of the Claimants Age Signature

1._________________________________________________________________________________________
2. _________________________________________________________________________________________
3._________________________________________________________________________________________
4._________________________________________________________________________________________
5._________________________________________________________________________________________

Seal
Signed beforeme
This the ……………………day of……………
… 20 ______________
Notary Public/ Magistrate

* Fill in here the type of Account Viz. S.B. / R.D. Term Deposit/Current Account,etc.
FORM XIX

LETTER OF RELINQUISHMENT

[To be stamped with Rs. 10]

To, DATE :_______________

STATEBANK OF INDIA,
___________________ BRANCH

Dear Sir,

Gold Loan Account no. _______________ Dated ___________ for Rs.________(Rupees______


_______________________ and/or Current/Savings Bank Account No. ________________ for
Rs. _______________________ and/or T.D.R. No. ____________________ Dated __________
for Rs. _______________ Due on ______________In the name of Shri ____________________
(Deceased) With reference to the above Gold Loan Account/Current Account/Savings Bank
Account/TDR Account, I _________________________________________________________
(name and relationship to the deceased) of late Shri ____________________________________
have to advise that I have no interest in the assets and as such, I have no objection to your
delivering the ornaments relating to the above Gold Loan Account and/or paying the balance
lying in the Current/Saving Bank/TDR Account in the name of the aforesaid, Shri ___________
____________my ______________________________________________________________
[Insert here the name of the deceased] [Insert here the relationship] to Shri/Smt _____________
such delivery of the ornaments and/or payments of the balance in the Current/Savings Bank/TDR
Account would be completely binding on me and I will not question the Bank’s action in so
doing, in any proceedings. I also undertake to bind myself, my heirs and legal representatives not
to revoke the declarations made herein.
Witness:

Yours faithfully,
1. [Signature of the party]

2. Signature Verified

BRANCH MANAGER

ANNEXURE-C

FORM XXI [COS 540

LETTER OF INDEMNITY

(To be stamped as per the Stamp Act applicable to the State)

(Letter of Indemnity with respect to payment of Balance in the Deceased Constituent’s


Account without Production of Legal Representation)
To,
The Branch Manager /Chief Manager / Assit. General Manager
STATE BANK OF INDIA_____________________________________

In CONSIDERATION of your paying or agreeing to pay us,

Insert here the


(1)_______________________________________________________________
Name(s) of the (2)
______________________________________________________________
Claimants (3)_______________________________________________________________
(4)_______________________________________________________________
(5)_______________________________________________________________
(6)_______________________________________________________________

The sum of the Rupees __________________________________________________________


Standing at the credit of Savings Bank / Current / R.D. Account No. etc. ___________________
with your bank in the name of Shri / Smt. /Kum.______________________________________
Since deceased, without production of Letter of Administration or a Succession Certificate to
his/her estate or a Certificate from the Controller of Estate Duty to the effect that estate duly has
been paid or will be paid or none is due we.

Insert here the 1) _______________________________________________________________


Name(s) of the2)________________________________________________________________
Surety (ies)

Do hereby for ourselves and our heirs, legal representatives, executors and administrators, jointly
and severally UNDERTAKE AND AGREE to indemnify you and your successors and assigns
against all claims, demands, proceedings, losses, damages, charges and expenses which may be
raised against or incurred by you by reasons or in consequence of your having agreed to pay/or
paying me/us the said sum as aforesaid.

Signed, Sealed and delivered


By the above named on this___Day of ____________two thousand ____________________

SIGNED AND DELIVERED byThe above named


1.__________________________ 2. _____________________ 3.

4.__________________________ 5. ______________________ 6.

(heirs / claimants of the deceased)

SIGNED AND DELIVERED by The above named


1.___________________________2. __________________________________

(Surities)

FORM XXI [COS 540]

LETTER OF INDEMNITY WITH RESPECT TO PAYMENT OF BALANCE IN DECEASED CONSTITUENTS’


ACCOUNT WITHOUT PREODUCAATION OF LEGAL REPRESENTATION

[For stamping see Paragraph 36 supra]

To,
STATE BANK OF INDIA
___________________ BRANCH

In consideration of your paying or agreeing to pay me/us______[1] ______________________________________


[2] _____________________________________[3] __________________________________________________
[4] etc __________________________________ [insert here the names of the heirs of the deceased] the sum of
Rupees _________________________ standing at the credit of Current Accounts/Savings Bank Account/TDR No.
____________________________ with your Bank in the name of __________________________ since deceased
without production of Latter of Administration or a Succession Certificate to his/her estate I/We
[1]_____________________________________ [2] _______________________________________
[3]_____________________________________ [4] etc ____________________________________ [insert here the
names of the heirs of the deceased] and we [1] ______________________________ [2] _____________________
[state here the names of the sureties] do hereby for ourselves and our heirs, legal representatives, executors and
administrators jointly and severally UNDERTAKE AND AGREE to indemnify you and your sucessors and assigns
against all claims, demands, proceedings, losses, damages, charges and expenses which may b raised against or
incurred by you by reason or in consequence of your having agreed to pay/or paying me/us the said sum as
aforesaid.
This ________ day of ___________ TwoThousand and ________________________ Signed and Delivered by the
above named

[1] _______________________________
[2] _______________________________
[3] _______________________________
[4] etc ____________________________
[heirs of the deceased]

[1]
_______________________________
Signed and Delivered by the above named
[2]
_______________________________

[Sureties]
FORM XXII

LETTER OF INDEMNITY FOR DELIVERY OF GOLD OR SILVER ORNAMENTS OF THE


DECEASED LYING WITH THE BANK WITHOUT PRODUCTION OF LEGAL REPRESENTATION

[For stamping see Paragraph 36 supra]

To,
STATE BANK OF INDIA
___________________ BRANCH

KNOW all men by there presents that we [1] ____________________ [2] ____________________ [3]
___________________________ [4] etc ____________________ and [insert here the names of the heirs
of the deceased] [1] _________________________________ [2] _______________________________
[insert here the names of the sureties] are bound jointly and severally to the State Bank of India
constituted under the State Bank of India Act, 1955 and carrying on business among other places at
_________________ in the State of Andhra Pradesh herein after referred to as the said Bank their
successors and assigns the sum of Rs. _____________________ [Rupees ____________ only] to be paid
to the said Bank or to their attorneys, successors and assigns for which payment we jointly and severally
bind ourselves our executors, administrators and legal representatives by the presents signed with our
hand and sealed with our seals as dated below:
Whereas the said bounder [1] __________________________________ [2] __________________ [3]
__________________________ and [4] etc __________________________________________ [insert
here the names of the heirs[s] of the deceased] and [1] __________________________ and [2] _______
___________________[insert here the names of the sureties] have agreed to indemnify the said Bank in
respect of delivery of the ornaments[s] under-noted held by the Bank and belonging to _____________
________________________________[insert here the name of deceased]

Loan Amount Description Weight/Gross Net

_____________________________________________________________________________________
And whereas the said Bank have as requested by the aforesaid consented and agreed to deliver the said
ornaments to [1] ____________________________________________________________ [2]
___________________________________ [3] __________________________ and [4] etc
_________________________________ [insert here the names of the heir[s] of the deceased] without the
production of letters of administration to his estate or a certificate from the Court as to the heirship or that
none is due subject to nevertheless to the conditions hereunder written.
Now the conditions of the above written indemnity or obligation are such that the said bounder and each
of them and their heirs and executors and administrators do and shall from time to time and at all times
hereafter save, defend, keep harmless and indemnify the said Bank their successors and assigns and their
lands, tenements, goods, chattels and effect of and from and against the said delivery of the said
ornaments[s] to the aforesaid
[1] __________________________________ [2] _________________________________________
[3] _____________________________________ and [4] etc _______________________________
[insert here the names of the heir[s] of the deceased]
and all manners of suits, claims and demands whatsoever including a claim in respect of payment of any
duty for or on account of the same which may at any time be instituted, commenced or prosecuted or
made upon or against the Bank their successors or assigns by any person or persons whomsoever being or
claiming to he entitled thereto from all loss, costs, charges, damages, expenses whatsoever which the said
Bank, their successors or assigns or their lands, hereditaments, goods, chattels or effects shall sustain or
be put to for or for reason of the said delivery of the said ornaments to
[1] ______________________________________ [2] _____________________________________
[3] ______________________________ and [4] etc ______________________________________
[insert here the names of the heirs[s] of the deceased]
Signed and Sealed and Delivered by the above named on this the ________ day of ___________ Two
thousand and _________________________.

Signed and Delivered by the above named [1] _______________________[2]______________________


[3] _______________________________[4] etc _____________________[heirs of the deceased]Signed
and Delivered by the above named [1] _____________________[2] ______________________[Sureties]

FORM XXIII

LETTER OF INDEMNITY WITH RESPECT TO DELIVERY OF ARTICLES IN THE BANK’S SAFE DEPOSIT
VAULT/SEALED BOXES ETC OF THE DECEASED WITHOUT PRODUCTION OF LEGAL REPRESENTATION

[For stamping see Paragraph 36 supra]

To,
STATE BANK OF INDIA
__________________ BRANCH
In consideration of your delivering or agreeing to deliver to me/us
[1] __________________________________ [2] _________________________________________
[3] _________________________________________ [4] etc ___________________________________ [insert
here the names of the heirs of the deceased] the articles/properties mentioned hereunder and

Safe Deposit Description Weight/Value


Details of
Locker No.
the articles
Sealed Box
in articles/
Safe Deposit
property
Account No.

held in the name[s] of ______________________ since deceased without production of any Succession
Certificate/Letters of Administration to his/her/their estate, I/We
[1] ________________________________ [2] ___________________________________________
[3] ______________________________________ [4] etc __________________________________ [insert here the
names of the heirs of the deceased] And we [1] ________________________________ [2]
_____________________________________ [state here the names of the sureties] Do hereby for ourselves and our
heirs, legal representatives, executors and administrators jointly and severally UNDERTAKE AND AGREE to
indemnify you, the Bank, and its successors and assigns against all claims, demands, proceedings, losses, damages,
charges and expenses which may be raised against or incurred by you by reason or in consequence of your having
agreed to deliver to me/us the above mentioned articles/property of the deceased from the safe deposit locker/sealed
boxes in safe deposit.
We have hereunto set our hands at ____________________ this ______________ day of _____________ Two
thousand and __________________.

[1] _______________________________
[2] _______________________________
Signed and Delivered by the above named [3] _______________________________
[4] etc ____________________________
[heirs of the deceased]

[1] _______________________________
Signed and Delivered by the above named
[2] _______________________________
[Sureties]
FORM XXIV

LETTER OF INDEMNITY WITH RESPECT TO DELIVERY OF THE SHARES AND SECURITIES ETC OF THE
DECEASED LYING IN THE SAFE CUDTODY OF THE BANK WITHOUT PRODUCTION OF LEGAL
REPRESENTATION

[For stamping see Paragraph 36 supra]

To,
STATE BANK OF INDIA
___________________ BRANCH

In consideration of your delivering or agreeing to deliver to me/us

[1] ___________________________________ [2] ________________________________________


[3] ___________________________________ [4] etc _____________________________________
[insert here the names of the heirs of the deceased]

The properties mentioned hereunder and

Shares
Name of the
Securities Date of Issue Description Value
Company
Nos.

lying in the Safe Custody Account No ____________________________ with you in the name[s] of
________________________ since deceased without production of any Succession Certificate/ Letters of
Administration to his/her/their estate, I/We [1] ____________________________________ [2]
________________________________________ [3] _____________________________________ [4] etc
___________________________________
[insert here the names of the heirs of the deceased]

and we [1] ___________________________ [2] __________________________________________ [state here the


names of the sureties]

do hereby for ourselves and our heirs, legal representatives, executors and administrators jointly and severally
UNDERTAKE AND AGREE to indemnify you, the Bank, and its successors and assigns against all claims, demands,
proceedings, losses, damages, charges and expenses which may be raised against or incurred by you by reason or
in consequence of your having agreed to deliver to me/us the above mentioned assets of the deceased from the safe
custody of the Bank.
We have hereunto set our hands at _________________ this _____________ day of ____________ One Thousand
nine hundred and __________________.

[1] _______________________________
Signed and Delivered by the above named
[2] _______________________________
[Sureties]
[1] _______________________________
[2] _______________________________
Signed and Delivered by the above named [3] _______________________________
[4] etc ____________________________
[heirs of the deceased]

FORM XX [COS 539]

AFFIDAVIT

[To be duly stamped as per the Stamp Act applicable to the state]

I / We (I) _____________________________________________________
son of and (2) _________________________________________________
son of ____________________________________________ residing at (1)
______________________ and (2) ________________________________
do hereby oath*/solemnly affirm and say as follows:

1. That Shri / Smt./Kum. __________________________________ (Name


of the deceased) (hereinafter referred to as “the deceased”) died intestate
on __________ at _______________________.

2. That we know the deceased and his family since the last _____________
years.
3. That at the time of his death the deceased left surviving him the following
persons who accordingly to the law by which they are governed
are the only heirs of the deceased entitled to succeed to the estate of the
deceased on an intestate succession:

Name Age Relationship with the Deceased


(i)___________________________________________________________
(ii)___________________________________________________________
(iii)__________________________________________________________
(iv)__________________________________________________________
(vi)__________________________________________________________
(vi)__________________________________________________________
(vii)__________________________________________________________
(viii)_________________________________________________________
(ix)__________________________________________________________
(x)__________________________________________________________

4. That we are not related in any manner whatsoever to the deceased or any
of the above mentioned persons nor have we any claim of interest of
whatsoever nature in the estate of the deceased.

5. That we are informed and verily believe that the deceased has left certain
deposits*/assets with the State Bank of India _______________________
Branch, to which the above mentioned persons are entitled to claim.

6. That we are making this solemn declaration sincerely and conscientiously


believing the same to be true and with full knowledge that it is on the
strength of this declaration that the State Bank of India, _________Branch
has agreed at our request, to make payment of the amounts of the deposits/
to deliver the assets to the abovementioned persons without insisting on
production by them of legal representation to the estate of the deceased
from a competent Court.

Sworn*/Solemnly affirmed 1.____________________________________


2_____________________ At this Day of ____________________Before
me______________ Presence of _________________________________

Judge /NOTARY/MAGISTRATE

(*Delete whichever is inapplicable)

FORM XXVI

FORM OF RECEIPT TO BE OBTAINED WHILE PAYING THE DEPOSITS

RECEIPT

Received from STATE BANK OF INDIA, ________________________ BRANCH a sum of


RS. ___________________ [Rupees ________________ only] being the proceeds of the
deposit/s standing in the name of late Shri _______________________ as detailed below
together with interest accrued thereon up to date in full and final settlement of all the claims
made by me/us _________________________________________________________________

Name of the Account/s Amount in Rs.

1.
2.
3.etc

Place: SIGNATURE OF THE CLAIMANT/S


Date: ON REVENUE STAMP

FORM XXVIII

FORM OF RECEIPT TO BE OBTAINED WHILE DELIVERING THE GOLD ORNAMENTS

RECEIPT

Received from STATE BANK OF INDIA, ________________________ BRANCH complete and in order and in full
and final settlement of all my/our claims the gold ornaments described below pledged by late Shri. ______________
under loan account No. ___________________ for Rs. _____________(Rupees ____________________________

Description of Gold Ornaments Gross Weight

_____________________________________________________________________________________________

1.

2.

3 etc.

_____________________________________________________________________________________________

Place:
Date:
SIGNATURE OF THE CLAIMANT/S
ON REVENUE STAMP
FORM XXXIII
CONTROL FORM

STATE BANK OF INDIA


__________________ BRANCH

DISPOSAL OF DECEASED’S ASSETS WITHOUT PRODUCTION OF LEGAL REPRESENTATION UNDER


DESCRETIONARY POWERS
[To be submitted in duplicate to the Controlling Authority as and when claim is settled]

1. Name of the Deceased


2. Date of Death
3. Whether the Death Certificate has been registered in the Bank’s Books
4. Whether the Deceased died testate/intestate
5. Segment
6. Particulars of Assets
[A] [i] In case of deposits- Amount involved
[ii] Whether the unused cheque
leaves/cheque book have been
taken return of
[B] [i] In case of Gold Loan:
[ii] In case of Gold Loan account: Gross weight: _____ grams
Net Weight: _____ grams
Market Value Rs. ________
[iii] Loan account closed by
[iv] Whether usual letter of
undertaking obtained from
the person who closed the loan account

7. Names of claimants/heirs and relationship to the deceased

Name Age Relationship with the deceased


1.
2.
3.
4. etc

8. In case of any minors, they have been represented by


9. Whether the assets of formed part of the self-acquired assets of the deceased
10. Whether the deceased had any other liabilities to the Bank
11. Whether satisfied by independent enquiries as to the correctness of the particulars furnished by the
claimants
12. Name unencumbered worth
1]
2]

13. Documents taken


1.
2.
3.
4.
5. etc.

14. Names of the claimants in whose favour the claim was settled
15. Date of Settlement

Remarks

Please confirm my action

Date: For STATE BANK OF INDIA

BRANCH MANAGER

FORM XXVII

LETTER OF UNDERTAKING TO BE OBTAINED FROM THE PERSON CLOSING


THE GOLD LOAN ACCOUNT

To,
STATE BANK OF INDIA,
___________________ BRANCH

Sir,
GOLD LOAN ACCOUNT NO. __________________ IN THE NAME OF _______________
_________(DECEASED) Shri _____________________________ s/o ___________________
obtained the above gold loan from your Bank by pledging his gold ornaments. Shri _________
expired on _________________________. I request you to accept the repayment towards
closure of the above gold loan account without any obligation on your part to deliver the pledged
gold ornaments to me by reasons of making the payment. In this connection, I agree that you are
entitled to return the pledged gold ornaments to the actual and proper legal heirs of the deceased
after completion of the formalities and I will not claim for the return of the gold ornaments
merely by closing the above gold loan account.

Yours faithfully,
[SIGNATURE, NAME & ADDRESS OF THE PERSON CLOASING THE LOAN
ACCOUNT]

FORM XXV

PRO FORMA OF THE LETTER FOR RECOMMENDING THE SETTLEMENT OF CLAIMS IN RESPECT OF
DECEASED CONSTITUENTS

(To be submitted in Triplicate)


STATE BANK OF INDIA
Branch:
F. No.:
Date:

The General Manager/The Deputy General Manager/The Assistant General Manager


Region _____________________ State Bank of India ________________________ Zonal Office/ Local Head Office

Dear Sir,

MISCELLANEOUS
SETTLEMENT OF CLAIMS OF DECEASED DEPOSITOR/BORROWERS/CONSTITUENTS

Shri/Smt _________________________________________ A/c No. _____________________________________

I have to advise that the above named borrower/depositor/constituents died on _____________ and the gold
ornaments relating to Gold Loan Account No. ________________________ Dated
_____________________________ for Rs. __________________________ pledged to the Bank and/or the balance
of Rs. _________________ lying at credit in the Current Account/ Savings Bank Account/ Time Deposit Account
(TDR No. _____________________ dated ________________ for Rs. ____________________________ due on
___________________) of the deceased is/are claimed by Shri/Smt/Sarvashri
__________________________________________________________________________________

I give below further details of your consideration

a. Whether the deceased borrower/ depositor/ constituent Intestate or left a will


b. Whether the relative death certificate has been registered in the Branch Books
c. Whether the deceased was the Kartha of a Joint Hindu Family governed by the Mitakshara School of Hindu
Law
d. Full particulars of the survivors of the deceased (including Father, Mother, Brother, Sister and other close
relatives)

Name Age Relationship with the deceased


1.
2.
3.
4.
5.
6.
7.
8.

e. In case the deceased is divided from his relatives whether a registered partition deed is available. If not,
whether all of them would also join in the execution of the indemnity letter or furnish letters of relinquishment
to the claim.
f. If letters of relinquishment are to be obtained from some of the relatives mentioned herein, the specific
reasons thereof and whether the Branch Manager is satisfied as regards the genuineness of these letters.
g. In case of gold loan accounts:
i. Gross weight of the ornaments (in grams)
ii. Net weight of the ornaments (in grams)
iii. Current Market Value of the ornaments
h. Has the loan account been closed? If so, by whom? Relationship of the person who closed the loan with the
deceased borrower*
[* the person closing the loan account should also join in the execution of the indemnity]
i. Whether the usual letter of undertaking has been obtained from the person mentioned above at the time of
closing the loan account
j. Whether the assets of the deceased with the Branch/ornaments pledged to the Bank form part of the self-
acquired property or Joint Hindu Family property of the deceased
k. Whether two sworn affidavits on a stamp paper of Rs. 10 each from two respectable persons unconnected
with the family of the deceased and the sureties proposed and bearing the Court Seal have been produced
by the claimants
l. Whether the facts stated in the affidavits have been independently verified by the Branch Manager and
found correct
m. Name, Address, Occupation and unencumbered worth of the two sureties proposed
1) 2)
n. whether the sureties proposed are recommended for approval
o. Names of the Claimants

Name Age Relationship with the Deceased constituent


1.
2.
3.
4.
5.

p. I confirm that there are no other claimants to the estate of the deceased except those mentioned above.
q. Details of other assets left by the deceased in respect of which it is necessary for the claimants for the
claimants to take out legal representation
r. Other connections the deceased constituent had with the Bank
s. Reasons for the inordinate delay in claiming the amount/ornaments
t. Any other useful information

I recommend that the ornaments be delivered and/or the balance in the above deposit account(s) of the deceased be
paid to Shri/Smt _____________________________________ jointly to Sarvashri
______________________________________________________________
______________________________________________________________________________ against
his/her/their receipt and on his/her/their executing indemnity letter along with the sureties proposed.

Yours faithfully,

BRANCH MANAGER
FORM XXII

LETTER OF INDEMNITY FOR DELIVERY OF GOLD OR SILVER ORNAMENTS OF


THE DECEASED LYING WITH THE BANK WITHOUT PRODUCTION OF LEGAL
REPRESENTATION

[For stamping see Paragraph 36 supra]

To,
STATE BANK OF INDIA
___________________ BRANCH

KNOW all men by there presents that we [1] ____________________ [2]


____________________ [3] ___________________________ [4] etc ____________________
and [insert here the names of the heirs of the deceased]
[1] _________________________________ [2]
__________________________________________ [insert here the names of the sureties]
are bound jointly and severally to the State Bank of India constituted under the State Bank of
India Act, 1955 and carrying on business among other places at _________________ in the State
of Andhra Pradesh herein after referred to as the said Bank their successors and assigns the sum
of Rs. _____________________ [Rupees ____________ only] to be paid to the said Bank or to
their attorneys, successors and assigns for which payment we jointly and severally bind ourselves
our executors, administrators and legal representatives by the presents signed with our hand and
sealed with our seals as dated below:
Whereas the said bounder [1] __________________________________ [2]
__________________ [3] __________________________ and [4] etc
__________________________________________ [insert here the names of the heirs[s] of the
deceased] and [1] __________________________ and [2]
__________________________________________ [insert here the names of the sureties]
have agreed to indemnify the said Bank in respect of delivery of the ornaments[s] under-noted
held by the Bank and belonging to
______________________________________________________________________________
[insert here the name of deceased]

Loan Amount Description Weight/Gross Net

______________________________________________________________________________

______________________________________________________________________________

And whereas the said Bank have as requested by the aforesaid consented and agreed to deliver
the said ornaments to [1] ________________________________________________________
[2] _________________________________ [3] __________________________ and [4] etc
_________________________________ [insert here the names of the heir[s] of the deceased]
without the production of letters of administration to his estate or a certificate from the Court as
to the heirship or that none is due subject to nevertheless to the conditions hereunder written.
Now the conditions of the above written indemnity or obligation are such that the said bounder
and each of them and their heirs and executors and administrators do and shall from time to time
and at all times hereafter save, defend, keep harmless and indemnify the said Bank their
successors and assigns and their lands, tenements, goods, chattels and effect of and from and
against the said delivery of the said ornaments[s] to the aforesaid [1] ____________________
_____________ [2] __________________________ [3] _______________________________
and [4] etc _______________________________ [insert here the names of the heir[s] of the
deceased] and all manners of suits, claims and demands whatsoever including a claim in respect
of payment of any duty for or on account of the same which may at any time be instituted,
commenced or prosecuted or made upon or against the Bank their successors or assigns by any
person or persons whomsoever being or claiming to he entitled thereto from all loss, costs,
charges, damages, expenses whatsoever which the said Bank, their successors or assigns or their
lands, hereditaments, goods, chattels or effects shall sustain or be put to for or for reason of the
said delivery of the said ornaments to
[1]______________________________________[2] __________________________________
[3]______________________________and[4]etc ____________________________________
[insert here the names of the heirs[s] of the deceased]
Signed and Sealed and Delivered by the above named on this the ________ day of ___________
Two thousand and _________________________.

Signed and Delivered by the above named [1] _______________________________


[2] _______________________________
[3] _______________________________
[4] etc ____________________________
[heirs of the deceased]

Signed and Delivered by the above named [1] _______________________________

[2] _______________________________
[Sureties]
FORM 1

FORM OF RECEIPT TO BE OBTAINED WHILE PAYING THE DEPOSIT TO THE


GRANTEES ON THE STRENGTH OF A SUCCESSION CERTIFICATE RECEIPT

Received from STATE BANK OF INDIA, _________________________________ BRANCH


a sum of Rs. ______________ (Rupees __________________________) only being the
proceeds of the deposit/s standing in the name of late Shri ____________________ as detailed
below together with interest accrued thereon upto date in full and final settlement of all the
claims made by me/us in terms of the Succession Certificate granted by the Hon’ble Court of
________________ in O.P.No._________________ dated ______________________________

Nature of the Account/s Amount in Rs.

______________________________________________________________________________

1.

2.

3. etc.

______________________________________________________________________________

Place:
Date:

SIGNATURE OF THE CLAIMANT/S


ON REVENUE STAMP

FORM II

FORM OF RECEIPT TO BE OBTAINED WHILE DELIVERING THE ASSETS TO


THE GRANTEE/S ON THE STRENGTH OF A LETTER OF ADMINISTRATION
RECEIPT

Received from STATE BANK OF INDIA, ________________________ BRANCH in complete


order and in full and final settlement of all the claims made by me/us, the assets detailed below
standing in the name of late Shri ______________________ in terms of the Letter of
Administration granted by the Hon’ble Court of __________________ in O.P.No.___________
dated _________________.

Nature of the Assets Amount/Value of Assets


Here state whether they are deposits/Pledged gold
@ ornaments/contents of Safe Deposit Locker/Articles in Safe
Deposit.
In case of gold ornaments the description and gross weight
@@
should be mentioned.
In case of contents of Locker/articles kept in safe deposit the
@@@ brief description of the contents as contained in the Inventory
should be mentioned.

Place:
Date:

SIGNATURE OF THE CLAIMANT/S


ON REVENUE STAMP

FORM III

FORM OF RECEIPT TO BE OBTAINED WHILE PAYING THE DEPOSITS TO THE


GRANTEE/S ON THE STRENGTH 0F AN ORDER GRANTED BY THE
ADMINISTRATOR GENERAL

RECEIPT

Received from STATE BANK OF INDIA, ________________________________ BRANCH a


sum of Rs. ____________ (Rupees ________________________) only being the proceeds of the
deposit/s standing in the name of late Shri _______________________ as detailed below
together with interest accrued thereon till date in full and final settlement of all the claims made
by me/us in terms of the Order of the Hon'ble Administrator General, High Court of Andhra
Pradesh in O.O.A.No.________________dated________________________________________

Nature of Account/s Amount in Rs.


______________________________________________________________________________

1.

2.

3. etc.

______________________________________________________________________________

Place:
Date:

SIGNATURE OF THE CLAIMANT/S


ON REVENUE STAMP

FORM IV
REQUEST LETTER FROM THE LEGAL HEIRS OF A DECEASED BORROWER FOR
RELEASE/RETURN OF THE TITLE DEEDS

To,
STATE BANK OF INDIA,
____________________ BRANCH.

Sir,
RELEASE/RETURN OF TITLE DEEDS DEPOSITED BY
LATE SHRI/SMT AS SECURITY
Shri/Smt. s/o w/o deposited the title deeds relating to his property as security for the due
repayment of the advances sanctioned by the Bank.
Shri/Smt. expired on leaving behind me/us as his legal representatives. The loan account for
which the title deeds were deposited by Late Shri/Smt. has since been closed.
In the circumstances, l/We request you to release the title deeds in my/our favour. In this
connection, l/We confirm and assure you that there are no other person or persons who are
entitled to seek release/return of the title deeds.
I/We further agree to indemnify you in the event of any loss or damage which may be caused to
you by reason of releasing the title deeds to me/us.

Yours faithfully,

Place:

Date :
1.
2.

3. etc.

SIGNATURES OF THE LEGAL HEIRS


FORM V

AFFIDAVIT-CUM-INDEMNITY TO BE EXECUTED BY ALL THE LEGAL HEIRS OF


A DECEASED BORROWER FOR RELEASE/RETURN OF TITLE DEEDS

Affidavit-Cum-Indemnity
(To be stamped with Rs. 100)

To,
STATE BANK OF INDIA,
BRANCH

I/We (1) ______________________________ s/o___________________________________, aged


___________________ years, residing at _______________________________________________
(2)_____________________________ s/o _______________________________, aged _________
years, residing at __________________________________________________________________
(3) _________________________ s/o ________________________________, aged ____________
years, residing at ____________________________________________ etc do hereby solemnly affirm as
follows:
Shri/Smt. _______________________________ s/o __________________________________ had
deposited the title deeds relating to his/her property as security for the due repayment of the loans
sanctioned by the Bank.
Shri/Smt. _________________________ died intestate leaving behind me/us as the only heir/s entitled to
claim the return/release of the title deeds deposited with the Bank.
The loan account for which the title deeds were deposited by late Shri _____________________
has since been closed.
I/We have approached you with a request to release/return the tide deeds deposited by late Shri
_________________________________in my/our favour.
I/We hereby declare that there are no other heirs entitled to claim release/return of the title deeds except
us.
I/We further declare that you will not be put to any loss or damage by reason of returning/releasing the
title deeds in my/our favour.
I/We hereby agree to indemnify and always keep you indemnified as against all losses, damages, costs or
other charges which may be incurred by the Bank by reason or in consequence of releasing/returning the
title deeds in my/our favour on the strength of these representations.

Solemnly sworn and signed before me on this the ______ day of _________20_____

In the presence of (1)


(2)
(3) etc

(DEPONENTS)

(NOTARY PUBLIC)

FORM VI

FORM OF RECEIPT TO BE OBTAINED FROM THE LEGAL HEIRS OF A


DECEASED BORROWER WHILE DELIVERING THE TITLE DEEDS

RECEIPT

Received from STATE BANK OF INDIA, ___________________________ BRANCH in


complete order the following title deeds deposited by late Shri/Smt. ___________________ as
security for Loan Account No. ___________________, which has since been closed.~

Sl. No Description of the documents

1.

2.
3.

4.

5. etc.

Place:
Date:

SIGNATURE OF THE LEGAL HEIRS


OF THE DECEASED
ON REVENUE STAMP

FORM XXX
LETTER OF AUTHORITY

To,
STATE BANK OF INDIA,
___________________ BRANCH

Dear Sir,

GOLD LOAN ACCOUNT No. ________________________

I request you to kindly deliver to my representative Shri/Smt. _____________________ at my


risk and responsibility the ornaments pledged by me with your Branch under Gold Loan No.
__________________________ dated ___________________ for RS. ____________________,
the dues relating to which account have already been paid.
2. In consideration of your delivering the ornaments to my representative mentioned above, I
hereby undertake to absolve you from all liabilities in the event of any dispute arising out of such
delivery to my representative and also undertake to indemnify you from and against any or all
claims which may raise by reason of such delivery.
3. Shri/Smt. _______________________, my representative, signs as under:

___________________________

Place: Signature of the Borrower

Date: Signature of the Borrower identified

By me ( jail Superintendent)

FORM XXXI
LETTER OF INDEMNITY

[To be stamped with Rs. 50]

To,
STATE BANK OF INDIA
___________________ BRANCH

Dear Sir,

In consideration of State Bank of India agreeing to deliver/delivering to my authorised


representative Shri/Smt. _______________________ on my behalf the under noted ornaments

1.
2.
3.
4.

Gross Weight

pledged by me with its Branch Office at ______________ under Gold Loan No.____________
dated ____________ for Rs. ____________________. I hereby guarantee and agree to hold the
State Bank of India, their successors and assigns harmless and indemnified from and against all
consequences in the event of any dispute arising out of such delivery to my above mentioned
representative and from and against all losses, charges and expenses in connection therewith.

Dated the ______________ day of __________________ Thousand and __________________.

Place SIGNATURE OF THE BORROWER

Note:- The execution of this indemnity by the borrower should be confirmed by the Jail
Superindent by way of a separate letter addressed to the Branch.

FORM XXXII

RECIEPT TO BE OBTAINED WHILE DELIVERING THE GOLD ORNAMENTS TO


THE REPRESENTATIVE OF THE BORROWER WHO IS UNDER
IMPRISONMENT/IN JAIL

RECIEPT

Received from STATE BANK OF INDIA, _________________ BRANCH complete and in


order and in full and final settlement of all claims, the gold ornaments described below pledged
by Shri _______________________ under loan account No. _____________________ for Rs.
_______________ .
Description of Gold Ornaments Gross Weight
1.

2.

3 etc

Place: SIGNATURE OF THE REPRESENTATIVE


Date: ON THE REVENUE STAMP
[Authorised Representative of Shri__________________(Borrower) as per the Letter of
Authority dated __________]
REVISED CLAIM FORMAT

To, Address for correspondence


The Branch Manager, Shri / Smt / Kum---------------
--------------- ----------------------------------
-------------------Branch. Address:------------------------
------------------- Date: ----------------------

Dear Sir,

Claim for Payment of Balances in the account(s) of


Late Shri / Smt / Kum
(Expired on_______________________)

I / We advise that Shri / Smt / Kum expired on ----------------/* is not traceable since --------------.*

2. Late Shri / Smt / Kum---------------------------------------------was maintaining a Savings Bank / Current Account / RD Account /
TDR / STDR, etc-------------------------------------------------------accounts in your Branch as follows: -

N Nature Account Amount Date of Nature of Liability Amount


o. Of No. $ Maturity to the Bank, if Rs
Deposit Rs any Ps
Ps
1) 1)
2) 2)
3) 3)
4) 4)
5) 5)
Total ( 1 to 5) Total Amt (1 to 5)
Amt

$ (The actual amount of claim with accrued interest will be worked out on the date of payment.)

3. I / We lodge my / our claim for the above balances with accrued interest of the above named deceased in terms of:-
(a)* Will of the late Shri / Smt / Kum----------------------------------------dated----------------and a probate granted by the court of------
--------------------------at---------------------------------------dated------------------------(Copies enclosed).
(b)* Succession Certificate dated ---------------granted by the Court of----------------------------------- at -----------------------------------
(Copy Enclosed).
(c)* Letter of Administration No.---------------------------------dated-----------------issued by -----------------------------at----------------------
------------ (Copy enclosed).
(d)* The Deceased died intestate. We lodge our claim without a legal representation for payment as per the Bank’s rules &
discretion.(* Strike out if not applicable.)
4. We furnish below the required information about the deceased & the legal Heirs in this regard:-

(a)Date & Place of Death--------------------------------------------------------------------.


(b)Details of Death Certificate ( No., Date, Authority – copy enclosed. Original to be produced for verification.)---------------------
--------------------------------------------------------------------- --------------------------------
(c)Permanent Address of the deceased------------------------------------------------------------------------------------------------------------------
--------------------------------------- --------------------------------------------------------------------------------------------------
(d)Religion------------------------------------------------------------------------------------------------
(e)Which Law of Succession is applicable? -----------------------------------------------(Viz. Hindu, Mohamedan, etc)
(f)Names in full of the parents of the deceased:
I)Father----------------------------------------------------------------------------
II)Mother -------------------------------------------------------------------------

(g)If parent (s) are living, their ages: I) Father----------Years, II) Mother------------Years.
(h)Name in full of the widow / widower of the deceased Smt / Shri ------------------------Age, (if living)-----------Years.
(i)Name (s) & age (s) of the living children of the deceased:
I)---------------------------------------------------Age---------------Years
II)--------------------------------------------------Age---------------Years
III)--------------------------------------------------Age---------------Years
IV)--------------------------------------------------Age---------------Years

(j)Name (s) & age (s) of the living Grand Children of the deceased:(Children of only predeceased son or daughter)
I)--------------------------------------------------------Age------------Years
II)-------------------------------------------------------Age------------Years

(k)Name (s) & age(s) of living brothers of the deceased:


I)-----------------------------------------------------------------Age------------Years
II)----------------------------------------------------------------Age------------Years

(l)Name (s) & age (s) of the living sisters of the deceased:
I)-----------------------------------------------------------Age-------------Years
II)-----------------------------------------------------------Age-------------Years

(M) Name (s) of the Minor (s) & Natural Guardian (s) / Legal Guardian (s) of minors amongst the claimants.
(If Legal Guardian is appointed, a copy of the order must be enclosed.)
1) Name(s) of the Minor Claimant (s) Date (s) of birth
I)-------------------------------------------------------------------------------------
II)-----------------------------------------------------------------------------------------------------------------------------------------
2) Name(s) of the Guardian(s) & Relationship with the Minor Claimant(s) above.
I)-------------------------------------------------------------------------------II)-----------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------
(n) Shri / Smt / Kum ----------------------------------------------------i.e. the person furnishing the declaration below / the affidavit
(Annexure ‘B’) knows our family for last-------------- years & is unconnected with our family.

Name(s) in full, address of the heir(s)

I)--------------------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------
II)-------------------------------------------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------
III)-------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------
IV)------------------------------------------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------
I know the deceased and his family since last ---------------------years. I am not related in any manner whatsoever to the
deceased or any of the above mentioned persons nor have I any claim or interest of whatsoever nature in the estate of the
deceased. Certified that to the best of my knowledge & belief the facts stated above are true & correct.*
Name in full & Address of the person signing the declaration -------------------------------------------------------------------------------------
---------------------------------------------------
Place & Date----------------------------------- Signature
(To be signed by an independent respectable person well known to the deceased person’s family but unconnected with it and
acceptable to the Bank.)*

"(Where the amount of the claim for balances exceeds Rs. one lakh, the person furnishing the declaration will have to
execute an affidavit as per the format enclosed COS 539 (Annexure - B) before a "Judge / Magistrate / Notary" instead of the
declaration. The affidavit will be stamped according to the Stamp Act in force in the respective State.)

(o)* Names and ages of the claimants who propose to execute the Letter of Disclaimer:-

NAME AGE (Years)

1) ___________________________________________________________________________________________
I I) __________________________________________________________________________________________
I I I)__________________________________________________________________________________________
IV) ___________________________________________________________________________________________
V)____________________________________________________________________________________________
VI )___________________________________________________________________________________________
VII) ___________________________________________________________________________________________
VIII)___________________________________________________________________________________________

(p) * A l.etter of DisclaImer as per Annexure - A duly stamped &. executed is enclosed.
*(Strike out if not applicable)

(q) We propose the following surety (ies):


(No surety required for amounts up to Rs. 10, 000/.)

I) Name and address: Shri / Smt / Kum


__________________________________________________________________________________________________
II) Name and address: Shri / Smt /Kum
___________________________________________________________________________________________________
__________

{The detailed information on the sureties, to arrive at their worth. is to be furnished in a separate form Annexure – 1. Sureties,
who are the relatives of the deceased, may be accepted, provided they are not directly involved as claimants and are
considered individually or jointly good for the amount involved. If one surety is considered good for the amount by the Bank,
second surety is not necessary. The surety is not necessary. The sureties have to sign the Letter of Indemnity as per format
enclosed (COS 540 Annexure-C). The Letter of Indemnity will be stamped according to the Stamp Act in force in the
respective state)
(I/We declare that the facts stated above are true and correct to the best of my/our knowledge and belief.)

Signature (S) of the claimant (s) who will receive the amount

I) ________________________________
II) _________________________________
III) _________________________________
IV) ___________________________________
V) ____________________________________
VI)_____________________________________

Place_____________________ Date_________________

{To be signed by all the claimants other than those who have relinquished their right in the property by furnishing a “Letter of
Disclaimer” as per the format enclosed (Annexure – A) and will be attempted according to the the Stamp Act in force in the
respective state.)

{Please note that the claimants will have to sign the receipt for having received the claim amount.)
Encl: As Above

{Note: The Bank is not responsible for any delay in disposal of the claim due to lack of full particulars furnished in this
application and may insist on calling for a Legal Representation in case there are disputes among legal heirs & all of them do
not join in identifying the Bank (Or give letter of disclaimer) or where the Bank has reasonable doubt about the genuineness
of the claimants) being the only heir(s) of the deceased customer}
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FOR OFFICE USE

Report of the Recommending Authority:

I have made necessary inquiries about the claim made by the claimants & satisfied that the claim can be satisfied. The
sureties are waived (Amounts up to Rs. 10, 000/-)*/surety (ies) offered are acceptable as per Bank’s extant instructions.* All
the necessary documents have been obtained. The claim may be paid to the claimants.
*(Strike out if not applicable)

Any other remarks:


_________________________________________________________________________________________________
___________________________________________________________________________________________________
__________
___________________________________________________________________________________________________
___________
___________________________________________________________________________________________________
________

Signature with date


Place:-------------
Name & Designation
Date:------------------
(Recommending Authority)
Sanctioned & Control Return sent on------------------------

Signature with date


Place:---------------
Name & Designation
Date:-----------------
(Recommending Authority)

---------------------------------------------------------------------------------------------------------------------------------------------
Disbursement & Record

Amount paid by Banker’s cheque No.--------------dated-------- for Rs.------------------(Rupees------------------------ -----------------------


-------- --------------------------------------------------and receipt obtained as per sanction No.--------------- dated-------------Documents
kept in Branch Documents vide item No.-----------------Page No._-------

Signature with date


Place:---------------
Name & Designation
Date:-----------------
(Disbursing Authority)

(Where the Recommending Authority & Sanctioning Authority is same, he should sign in both the capacities.)

NOTE

1) For detailed instructions, please refer to S & p Cir No. 16 of 2000 – 2001 for affixing stamp duty on Letter of Indemnity o
form COS 540. A Letter of Indemnity on form COS 540 is to be stamped as an agreement. A letter of Indemnity need not
ordinarily be attested provided the executant attends the Bank personally or his signature is on record with the Bank. It will
have to be stamped as an Indemnity Bond if attested by a witness.

2) Where the executants / signatories of the documents are residents in different places / States the guidelines advised by
Law Department should be followed:

“ The section 17 of the Indian Stamp act , 1899 provides that all instruments chargeable to the duty and executed by any
person in India shall be stamped before or at the time of execution. “ Execution” here means “Signature”. The chargeable
event is the execution of the instrument. Section 19A added locally in various States provides for payment of difference in
duty, if any, in accordance with the rates in force in those States. In other words, in such case, the instruments to be
executed may be stamped according to the applicable laws of the first person signing the documents and if the rate of duty
payable in another State where the executant resides is higher, the instrument may be further stamped (Adhesive Stamps)
with the difference in duty. However, if the rate is same or lower, it will not be required to be further stamped. In the
alternative, the instrument may be stamped with the highest duty chargeable on the instrument at the time of execution by the
first signatory of the instrument / document.”

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Claim Format Revised. Cir.OP& S P / 28/2003-2004.

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