Q. Banks in Pakistan blocks share of minors in a deceased's bank
account (having total deposit less than Rs.100,000/-)and didn't pay it
to widow / mother of deceased's children even though State Bank of
Pakistan allows release of funds to legal heirs of deceased against
production of Bond of Indemnity.
Is widow being natural guardian of deceased's children can not obtain share of minor legal heirs if deposit in deceased account is less than Rs.100,000/- as she has to meet schooling, food, clothing expenses of children?
Ans. State Bank Rules do not have overriding effect over the law. There is a Succession Act, 1925 in Pakistan which is still governing most of the procedures in case of death of a person. Whenever a person dies his/her legal heirs have to go for succession certificate as well as legal heir certificate for inheriting movable and immovable properties of the deceased. Once succession certificate is there, the banks release the payments as per islamic law of inheritance..
Another aspect is that the mother is natural guardian of minor children. However if she wants to release any payments for the welfare of minors she require a guardian certificate also. That is issued from the Guardian courts and procedure for getting a guardian certificate is somewhat similar to that of succession certificate in Pakistan. For more do consult me at legal-experts@live.com
Is widow being natural guardian of deceased's children can not obtain share of minor legal heirs if deposit in deceased account is less than Rs.100,000/- as she has to meet schooling, food, clothing expenses of children?
Ans. State Bank Rules do not have overriding effect over the law. There is a Succession Act, 1925 in Pakistan which is still governing most of the procedures in case of death of a person. Whenever a person dies his/her legal heirs have to go for succession certificate as well as legal heir certificate for inheriting movable and immovable properties of the deceased. Once succession certificate is there, the banks release the payments as per islamic law of inheritance..
Another aspect is that the mother is natural guardian of minor children. However if she wants to release any payments for the welfare of minors she require a guardian certificate also. That is issued from the Guardian courts and procedure for getting a guardian certificate is somewhat similar to that of succession certificate in Pakistan. For more do consult me at legal-experts@live.com
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