
SBI threatening widow with criminal case & arbitration over deceased father's Personal ₹15L loan. (Already beat them at RBI Ombudsman).
My father passed away with a ₹15L unsecured personal loan from SBI. He left zero real estate, and my mother’s only survival funds are statutory post-death terminal benefits (Pension, GPF, Gratuity).
The Situation:
- Round 1: SBI illegally froze her account to trap the pension. I filed an RBI Ombudsman complaint, won, and forced them to lift it.
- Round 2: Despite the ruling, the branch system attempted a rogue auto-debit on April 16th.
- Round 3: Their advocate just sent a legal notice (redacted pics attached) threatening a "criminal case" and arbitration/recovery proceedings.
My Response: I immediately sent a Speed Post AD reply stating:
- We have zero attachable estate.
- The incoming funds are strictly immune from attachment under CPC Section 60.
My Questions for the Lawyers/Bankers here:
- Arbitration: Since I denied consent, what are the practical chances SBI actually spends money to file a Section 11 petition in the High Court for a zero-estate deceased account? I don't know if they know the Zero Estate fact in this case.
- CPC Sec 60: In your practical experience, do civil courts ever let banks attach GPF/Gratuity once it hits a savings account, or does the CPC 60 statutory shield hold up and other pension protection acts?
- What should be my next steps?