How to claim deceased father's property without nominee?

My father passed away on August 1, 2020. There is no nominee registered in his bank account. My mother, who is 67 years old, is his legally wedded wife and surviving spouse. She is his second wife. He is survived by two married daughters from his first wife and two sons and five married daughters from my mother. All the children live in different parts of India and are not on speaking terms, except four of them. We are Hindu by religion. What is the best way to claim the unclaimed money lying in the Indian savings bank account? How long will it take, and what fees are applicable? The amount is around ₹40,000.

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Advocate By LEAD INDIA Answered: 12 Jan 2026

In your case, it is not clear whether your father’s first marriage was legally dissolved by divorce. If the first marriage was validly divorced and the second marriage took place thereafter, the second wife has legal inheritance rights. Since there is no nominee in the bank account, the legal heirs must obtain a Legal Heir Certificate or Succession Certificate and submit it to the bank to claim the amount. For further legal assistance contact us on our helpline number.

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