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 3 years ago in Property Law from Mumbai, Maharashtra
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.
With reference to above question I would like to add that the petitioner's permenant address is Mumbai.
One more question can we claim all these accounts in Gujarat and Mumbai, in one petition?
Asked 3 years ago
Yes, in one petition you can claim all the assets lying in other cities also.
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.
You can claim all the assets in one petition.
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
all the amounts can be claimed in one petition for issue of Succession certificate
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.
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.
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.
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.