• Succession certificate

My Mother's sister died in Mumbai at our house in 2007. She was unmarried. There is no nomination in all her accounts. She has a savings account with a cooperative bank in mumbai, with a nationalized bank in Mumbai, UTI certificates in Mumbai but she had worked in Gujarat and was getting a pension after retirement from SBI, Baroda branch where lies her pension account. Some amount is still lying in a treasury department, Gujarat. She was staying with us in Mumbai after her retirement. There is no immovable property in her name anywhere. Please advise us where to file a petition for succession certificate to claim all her accounts- in baroda, gujarat or in mumbai? Please specify.
Asked 9 years ago in Property Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

1. You can file succession certificate where she has breathed her last.

2. if she has no permanent place of residence as it appears in your case then such application can be filed in any of the places where any of her moveable assets are lying.

3. in this case such application can be filed either in Mumbai or in Baroda.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Yes, in one petition you can claim all the assets lying in other cities also.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. Apply for succession certificate in Mumbai where she was residing and also breathed her last.

2. You may also file for succession certificate in Baroda..

3. The order of the Mumbai court granting succession certificate can be enforced in Baroda.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can claim all the assets in one petition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) apply for succession in mumbai as per permanent address is in mumbai .

2) since savings account with cooperative bank is in mumbai , with nationalised bank in mumbai , UTI certifcate is in mumbai apply in Mumbai only

3) only pension account is in baroda . you have to furnish all details in your application made in HC Mumbai for succession certificate

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

all the amounts can be claimed in one petition for issue of Succession certificate

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1. File application for succession Certificate at Mumbai,

2. Most of the moveable assets are located at Mumbai,

3. For the moveable asset at Baroda, file an application enclosing the succession certificate received from Mumbai Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. If the Treasury of Gujrat refuses to accept the succession certificate issued by Mumbail High Court, then you shall have to fikle a freash application for succession certificate at Gujrat Court by providing the same documents and also the succession certificate issued by Mumbai High Court,

2. Once you get the succession certificate from local court, Treasury of Gujrat will not be able to refuse transferring the fund to the legal successors.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Hi,

1. you can apply for the succession certificate in Mumbai high court .

2. furnish the details of other accounts and assets whatever you wish to include can be don in one petition ..

3. The court fee is above Rs 3 lakh it stands at 7.5 per cent with a maximum ceiling of Rs 75,000.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Apply for succession certificate in Mumbai as per permanent address in Mumbai. Petition filed for Succession certificate under Rule 377 before Mumbai high court. One petition is enough for getting other accounts and assets of the deceased. The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced. If the petition is not contested, the court usually issues a succession certificate in five to seven months.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer