Bank account, FD or locker of a person who has died — how to claim in India: nominee, joint holder or legal heirs, RBI 2025 rules (settlement in 15 days, compensation for delay, simplified claim up to ₹15 lakh without succession certificate), up to four nominees from 1 Nov 2025 (2026)
Plain step-by-step guide for families after a death: how money in a savings account, FD or RD, and the contents of a bank locker are released to a survivor, nominee or legal heirs, which documents banks may ask for under the RBI Directions of 2025, when a succession certificate is and is not needed, the 15-day settlement rule and compensation for delay, and where to complain. Educational only — not legal advice. Adhiwakta does not file claims or contact banks for you.
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First — find out which of three situations applies
Ask the branch (in writing) how the account or locker stands. (1) A joint account with a survivorship clause such as ‘either or survivor’ — the surviving holder can usually continue or receive the balance. (2) A registered nominee — the bank pays the nominee, or gives the nominee access to the locker. (3) No nominee and no survivorship — the legal heirs claim. Since 1 November 2025, under amendments to the Banking Regulation Act, a depositor can name up to four nominees — simultaneously with fixed percentages, or successively in order — while lockers and safe-custody articles allow successive nominees only. Banks also usually have a deceased-claims page with the standard forms.
When there is a nominee or a survivor
Under the RBI (Settlement of Claims in respect of Deceased Customers of Banks) Directions, 2025, a bank paying a nominee or survivor should not insist on a succession certificate, letters of administration or probate, and should not ask for an indemnity or surety bond. Usually the claim form, the death certificate and the claimant’s ID and address proof are enough. Remember that a nominee receives the money but is not automatically its final owner — the Supreme Court in Ram Chander Talwar v. Devender Kumar Talwar (2010) held that legal heirs keep their rights under succession law, so the family may need to share it as per the Will or the personal law. See our nominee vs legal heir guide.
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Write in Hindi or English · general guidance, not legal advice
No nominee — the simplified procedure up to ₹15 lakh
If there is no nominee or survivorship clause, no Will, no dispute among heirs and no court order stopping payment, the bank must follow a simplified procedure for a total amount below a threshold — ₹15 lakh for most banks and ₹5 lakh for co-operative banks (a bank may fix a higher limit). Typical papers: the claim form signed by the claimant heirs, the death certificate, ID and address proof, an indemnity bond, a no-objection / disclaimer letter from heirs who are not claiming, and a legal heir certificate from the competent authority or a declaration about the heirs by an independent person known to the family. No third-party surety should be taken below the threshold. Above the threshold, banks may ask for a succession certificate (Indian Succession Act, section 372) or a legal heir certificate / affidavit and a surety. If there is a Will, the bank may follow its own procedure for probate or other proof.
Locker and safe-custody articles
With a nominee, the bank gives the nominee access, and the contents are listed in an inventory in the presence of bank officials and an independent witness; the nominee signs and takes them. Without a nominee, the legal heirs apply with the documents the bank asks for, and the inventory is made in their presence. Under the 2025 Directions, the bank must process a complete locker claim and contact the claimants to fix the inventory date within 15 calendar days. Keep a copy of the inventory list. If the family is not in agreement, keep the locker closed and seek advice rather than letting one person empty it.
15-day deadline and compensation for delay
A bank must settle a deposit claim within 15 calendar days of receiving all required documents. If it cannot, it must tell the claimant the reasons. Where the delay is the bank’s fault, it must pay compensation as interest at not less than the Bank Rate + 4% per year on the amount for the delay period; for a locker or safe-custody claim, the compensation is ₹5,000 for each day of delay. Ask for a dated acknowledgement of your documents — that date starts the 15 days.
If the bank refuses or delays — where to complain
Write to the branch and then to the bank’s grievance redressal or nodal officer, attaching the claim papers and acknowledgement. If there is no reply within 30 days or the reply is unsatisfactory, you can complain online to the RBI Integrated Ombudsman (cms.rbi.org.in). If the account has been inactive for ten years or more, the money may have been moved to the RBI’s Depositor Education and Awareness Fund — search the RBI UDGAM portal and then claim through the same bank. Disputes among heirs themselves go to the civil court, not the Ombudsman.
Practical tips for the family
Get several copies of the death certificate. Collect passbooks, FD receipts, cheque books, locker key and agreement. Check the person’s other banks, post office schemes, insurance, PF and pension too. Do not withdraw money from the deceased person’s account using their ATM card, UPI or cheques after death — it can lead to disputes and even criminal complaints. Keep heirs informed in writing to avoid later quarrels.
How Adhiwakta can help
We do not file claims, contact banks or the Ombudsman, or promise any result. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- Is a succession certificate needed to claim a deceased person’s bank money?
- Not when there is a nominee or a surviving joint holder. Without a nominee, under the RBI Directions of 2025, banks follow a simplified procedure up to ₹15 lakh (₹5 lakh for co-operative banks) if there is no Will and no dispute — with a legal heir certificate or a declaration about the heirs. Above that, a succession certificate may be asked for.
- How many days does a bank take to settle a death claim?
- Under the RBI Directions of 2025, a bank must settle a deposit claim within 15 calendar days of receiving all documents. For delay caused by the bank, it must pay interest of at least Bank Rate + 4% per year; for a locker claim, ₹5,000 per day of delay.
- Does the nominee become the owner of the money?
- The bank pays the nominee and gets a valid discharge, but the nominee does not automatically own the money. Legal heirs keep their rights under the Will or succession law (Ram Chander Talwar v. Devender Kumar Talwar, 2010).
- How can we open a deceased person’s bank locker?
- A nominee gets access after giving the claim form, death certificate and ID; an inventory of contents is made with a witness. Without a nominee, legal heirs apply with the documents the bank asks for. The bank must process the claim and fix the inventory date within 15 days.
- Can I now add more than one nominee to my bank account?
- Yes. From 1 November 2025 you can name up to four nominees for deposits — together with fixed percentages, or one after another in order. For lockers and safe-custody articles, only successive nominees are allowed.
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