You will be entiteld to withdraw the monies lying in the fixed dpeosit of your father on the basis of the nomination made by him, however, if your father has died intestate then all his legal heirs will be entiteld to claim thier respective shares in the estate of the father which would include the fixed depsoits made by him.
You would have to prove that the terms of your original rental agreement has been continued orally by the parties and has not been changed and accordingly, you can seek refund of the entire security deposit based on the terms contained in your rental agreement or file a suit to recover such deposit from the Owner on termination or expiry of the rental/lease/license period.
The sellers claim that he is a non-resident will not suffice. Residential status has to be detemined as per provisions of section 6 of the of Income Tax Act.
Non Residential status: As per the provision
i) if a person stays in India for less than 182 days in current year then he will be treated as a Non resident in India.
ii) if a persons stay in India for more than 60 days but less than...
(View more)