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Postal Manual Vol. VIII - India Post

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the amount of the Government Securities plus any interest that may have accrued on that amount<br />

until the end of the month preceding that in which orders of payment are issued, and that the other<br />

person will be entitled to the amount of the Government Securities plus any interest that may have<br />

accrued on them after the death of the depositor.<br />

(7) If any depositor becomes insane or otherwise incapable of managing his affairs, the<br />

Head of the Circle should be guided by rule 39 of the Rules for Depositors in issuing orders for<br />

payment from his account.<br />

NOTE 1- If a minor is entitled to money at credit of a deceased depositor’s account, the<br />

amount is payable only to the minor’s guardian.<br />

NOTE 2- The payment of balances standing at the credit of accounts of deceased officers<br />

and soldiers of the British Army and sepoys, is governed by rules 504 and 505 of the <strong>Post</strong>s and<br />

Telegraphs <strong>Manual</strong>, <strong>Vol</strong>ume VI.<br />

NOTE 3.- A bond of indemnity (see paragraph (4) of this rule) must be stamped but need not<br />

be registered, the stamp being provided by the person who executes the bond.<br />

NOTE 4.- The fact that it would be troublesome or inconvenient to the claimant to obtain<br />

legal evidence or that he would be put to the inconvenience and expense of a journey in order to<br />

procure it, is held not to constitute in itself hardship of the kind contemplated by rule 38 of the<br />

Rules for Depositors and recommendations should not, therefore, be made to the Director-General<br />

for the exercise of the discretionary power vested in him by that rule on this ground alone.<br />

In case of Government securities are concerned, a certificate granted to an applicant by the<br />

District Magistrate in accordance with the proviso to section 12 of the <strong>India</strong>n Securities Act, 1920,<br />

in the following form will be sufficient evidence of the claim of the application :-<br />

“Certified that ………………………… (the depositor’s name) the deceased holder of<br />

Government Promissory Notes Nos. ………………….. of the …………………..loan for Rs.<br />

…………….., who died intestate, belonged to a Hindu undivided family governed by the<br />

Mitakshara Law, that the Government promissory notes formed part of the joint family, property<br />

of the family and, that …………………… (the applicant) is the managing (or sole surviving) male<br />

member of the family and the deceased holder had left him surviving no female relative specified<br />

in class I of the Schedule to the Hindu Succession Act, 1956 or a male relative specified in that<br />

class who claims through such female relative.”<br />

EXCEPTION – When the amount due on the cash certificate exceeds Rs. 5,000, or in the case<br />

of <strong>Post</strong> Office Savings Bank, the balance at credit on the date of depositor’s death (inclusive of<br />

interest up to the date of depositor’s death) exceeds Rs. 5,000, or in the case of Government<br />

Securities held in the custody of the Accountant-General, <strong>Post</strong>s and Telegraphs, if the amount is in<br />

excess of Rs. 5,000 and the claim is based on survivorship the claimant should be asked to produce<br />

a District Magistrate’s certificate on the above lines or failing this, a declaration on the lines of the<br />

above certificate affirmed before Magistrate and an affidavit from some independent disinterested<br />

person affirming before a Magistrate the facts stated in the declaration. In all such cases sanction<br />

to the payment of the amount may be issued by the Heads of Circles without reference to the<br />

Director-General.<br />

NOTE 5. – Heads of Circles have discretionary power to authorise the closure of savings<br />

bank accounts belonging to deceased depositors without production of the pass-book in all cases in<br />

which they are competent to issue payment orders under rule 37 of the Rules for Depositors.

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