Hi, my dad suddenly passed away with no will, mother is alive along with me(son) and my sister however in one bank account my dad was the only holder. For withdrawing from that account the bank has asked for the Waris Praman Patrika. Please can you answer how you can obtain this waris praman patrika ?
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1) you need to obtain succession certificate from district court in name of legal heirs ie your mother , you and your sister
2) you have to pay court fees as per court fees act of your state depending upon the amount of money lying in bank account
3)it would not take more then 6 months
4) contact a local lawyer
I ( son) am living in UK for 8 years with India passport and green card but this year will get my UK passport and overseas citizen card (OCI) - according to Indian property law after I have the sucession certificate and Waris pramanik patrika will banks and legal system still recognise me as the legal heir even though I am OCI? My question is will getting an OCI prove to be any disadvantage in future to inheritance and assets and me being legal heir.
1) you would be recognised as legal heir even if you are OCI
2) there is no bar from OCI inheriting any property from deceased parents
3) you need not worry
1. On death of a person his legal heirs require succession certificate from court of competent jurisdiction.
2. For this you require to make such application which takes around 6-8 months of time.
3. Succession certificate is substantive proof of legal heirship of persons and on this basis the banl can release the money which is lying with it on account of the dead person.
4. If you are from Kolkata you may seek further assistance to get sch certificate.
5. Being an OCI you also need to get such certificate.
1. Since your father has demised intestate, you shall have to obtain legal heir certificate for claiming his immovable properties like land and building which will be equally inherited by your mother, you and your sister (assuming that your father's mother is no more),
2. For claiming the movable properties like bank deposit, Mutual funds, shares etc., you shall have to apply for and get Succession Certificate issued by the Court.
3. Engage a local lawyer for filing an application for obtaining Succession Certificate from the Court.
1. Even if you get citizenship of UK, you shall be considered an Overseas Citizen of India and eligible to acquire properties in India.
2. Your being an OCI will not stand in your way to inherit your father's movable and immovable properties in any way.
Waris praman patrika ,means legal heirship certificate issued by the revenue department in respect of the successors in interest to the estate of the deceased person.
You can give the details of the legal heirs of your deceased father in an application and close a copy of the death certificate of your father and submit the application to the Tehsildar office within your jurisdiction, who after proper verification shall issue the desired certificate.
Please be aware that just being an OCI or holding UK passport will not disentitle you from inheriting your share in the properties left behind by your deceased father.
You are the legal heir or successor in interest to your deceased father along with heirs, hence your rightful share in the properties cannot refused for any reason.