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Dear Sir,
Mrs.Sipra Das was a school teacher and had the job upto 2014.
She died in 2009 and her husband paid all documents of his wife to the  school circle inspector in 2010.
She had also a SBI life insurance nominated with her husbands  name, that  was not matured in her life time.
The insurance is now matured in 2013,but her husband is also dead now and they had no children.
And her husband Mr. Mantu Das had done a registered will for his relative(shali-Mrs.Sukla Dey) in 2011 and it is still not probated for money problem,cause she needs Rs 70,000/- for probating.
Mr. Mantu Das kept her shali as a joint owner(survivorship) of his bank and post office accounts also in 2010.
Now the question唯efore probating  the  registered will-
(1)Does  Mrs.Sukla Dey  now claim the insurance matured amount as a proof of joint owner(survivor)of his accounts ?
(2)Does   Mrs.Sukla Dey  now  claim the amount of Provident Fund amount of her elder sister's to the school service commission as a proof of joint owner(survivorship)of his accounts ?

Please give me a suggestion in details as a well wisher.
Sukmal Dey

If Mr. Mantu Das died after making a WILL,then his properties will devolve upon persons whom he desired should inherit his property after his death.However, WILL does not become effective,unless certified by the court.Technically, it is called "Probate".For the said purpose, one of the beneficiaries have to apply to the court.
In the instant case, neither the Insurance Company nor the RPF will agree to pay any amount to any claimant,unless a certified true copy of the WILL or a Succession Certificate is submitted to them.Since,Mr.Das died after making a WILL, there is no scope to apply for Succession Certificate in the instant case.So far as claim from Bank/Post Office's are concerned,if Mr. M.Das had a joint A/c with Mrs. Shukla Das, then as one of the survivors,she can certainly claim the dues of Mr. Mantu Das. Moreover,upto a certain amount banks now-a-days pay to the legal heirs upon death of the Account-Holder.
Accordingly,it is suggested that please take appropriate actions in the matter in consultation with the School Authorities as well as a lawyer.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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