When an unmarried individual holding savings accounts in the Post Office passes away, handling the claim involves sensitive legal and procedural steps. Often, family members—especially siblings—seek account details either through direct requests or under the Right to Information (RTI) Act. However, postal employees must follow strict procedures laid down in the POSB (CBS) Manual and RTI Act, ensuring privacy and procedural compliance.
1. Are Postal Staff Allowed to Share Account Details With Legal Heirs or Lawyers?
No. Postal staff—including Branch Postmasters or Sub Postmasters—are not authorised to directly share account details of a deceased depositor with anyone, including family members or legal representatives such as lawyers. All such queries, whether in personal capacity or via RTI/legal notice, must be forwarded to the Divisional Office (DO).
Key Point:
Only the Divisional Superintendent or designated RTI authority is authorised to reply to such correspondence, not the individual office staff.
2. Responding to Legal Notices From Advocates
If a lawyer representing a family member sends a letter on their letterhead requesting account details of the deceased, the SPM should:
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Acknowledge the letter (internally) and forward it to the Divisional Office for disposal.
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Do not reply directly to the lawyer or the applicant.
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Mention in the office communication that the depositor is deceased and action is requested under the relevant postal savings claim rules.
3. Is the Married Sister Considered Legal Heir?
In the absence of a nomination and when the account holder is unmarried and parents are deceased, siblings can be considered legal heirs. However, the decision lies with the Divisional Head.
To initiate this process:
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Check if any nomination exists for the deceased’s accounts.
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If no nomination is available, and the married sister provides documents such as Aadhaar, PAN, and legal heir certificate, forward all records to the Divisional Office.
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Let the DO decide if she qualifies as a claimant under Rule 87 of POSB Manual Volume I.
4. RTI Requests for Deceased Account Holders
As per RTI rules and Supreme Court judgments on privacy, account details of a deceased person cannot be shared unless:
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The applicant is a legal heir.
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The applicant provides documentary proof supporting their legal status.
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Disclosure is necessary for larger public interest (which is rare in individual cases).
Thus, an RTI request from a sister (not a nominee or certified legal heir) may be lawfully denied by the Divisional Office.
5. Important Guidelines for Staff to Follow
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Always act strictly as per postal manual and written instructions from the DO.
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Do not attempt to interpret rules or respond unofficially to avoid disciplinary action.
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Maintain record of all correspondence and send a formal letter to the DO if clarification is not received within a reasonable time.
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Ask DO to specify the rule or clause when they instruct to “act as per rule”.
In case of the death of an unmarried account holder, account claim settlement or disclosure of information to siblings or their legal counsel must be handled only through official channels. The SPM or BPM should forward all claims and queries to the Divisional Office and refrain from issuing any direct reply. Claim settlement should only proceed after due verification of nomination or legal heirship, and on receiving a clear sanction or direction from higher authorities.