1. Well, most of the banks follow the policy to seeking mere indemnity Bind only and not succession certificate if the amount is within Rs.5,00,000/-.

2. So first talk to the bank whether they would release the money if all the legal heroes of your father jointly apply for the money lying with it and any one with NOC from other applies for it.

3.if it requires Succession Certificate then apply for it but court fees suggested by your advocate seems very steep.You shpuld meet the court officials to know the court fees involved in obtaining succession certificate.

4. in WB the highest court fees for succession certificate is Rs.50,000/-.

The lawyer is right as in such cases, the succession certificate is the only way through which the legal heirs shall be entitled to withdraw the deposit.

Dear Client,

Court fees ( stamp duty ) is unavoidable. The court fees for a succession certificate calculated under the Indian Succession Act is zero for an asset valued less than Rs1000. For an asset valued between Rs 1,001 and Rs 50, 000, it is 2 per cent, for Rs 50,001 to Rs 2lakh it is 4 per cent, between 2lakh and Rs3 lakh it is 6 per cent and above Rs3 lakh it stands at 7.5 per cent with a maximum ceiling of Rs 75,000.

Get Legal Heir certificate by applying local Tehsildaar, If bank considered it and cheap process otherwise Succession Certificate is required by applying In District/Session Court.

Succession certificate is not needed everywhere. Inquire with your bank and try to complete the procedure with your affidavit and death certificate of your father.

1)stamp duty is state subject and varies from state to state

2) in Maharashtra for instance maximum stamp duty is Rs 75000 for succession certificate

3) your local lawyer can guide you as to stamp duty payable

4) you need succession certificate as father did not leave any will nor any nomination for his bank accounts

1) You have to apply for succession certificate in court.

2) Court fees rate according to Indian Succession Act are as follows:

< 1000 = 0

1001 to 50,000 = 2%

50,001 to 2,00,000 = 4%

2,00,000 to 3,00,000 = 6%

Above 3,00,000 = 7.5% Max: 75,000

Approach the bank some banks just need affidavit and a indemnity bond. If your bank agrees for the Same you can save your money. Secondly get your family geneological tree that you can submit to bank to show who are children of your father.

as mentioned in my reply court fees is state subject and varies from state to state

In Maharashtra maximum court fees is Rs 75000 for succession certificate

in UP it may be more

Sir please approach bank for proper guidance. As per my practical knowledge the stamp duty mentioned by your lawyer is steep. Secondly sometimes bank don't require succession certificate

Definitely.

Stamp duty of 7% is not to be paid in toto.

There is a ceiling on the same, the same varies from state to state. Kindly take advise of some other lawyer.

This much amount of stamp duty is not to be paid while filing succession suit.

Please consult another local lawyer

Respected sir...

If the whole of the amount is from one bank you may need to obtain legal heir ship certificate, succession certificate………………however let the bank state the process and demands in writing to you……………

You can also avail the services of a lawyer at your location……………

RBI : Master Circular on Customer Service

20. Settlement of claims in respect of deceased depositors –

Simplification of procedure.

Provisions of the Banking Regulation Act, 1949

Banks should adhere to the provisions of Sections 45 ZA to 45 ZF of the

Banking Regulation Act, 1949 and the Banking Companies (Nomination)

Rules, 1985.

20.2. Accounts without the survivor / nominee clause

In case where the deceased depositor had not made any nomination or for the accounts other than those styled as "either or survivor" (such as single or jointly operated accounts), banks are required to adopt a simplified procedure for repayment to legal heir(s) of the depositor keeping in view the imperative need to avoid inconvenience and undue hardship to the common person. In this context, banks may, keeping in view their risk management systems, fix a minimum threshold limit, for the balance in the account of the deceased depositors, up to which claims in respect of the deceased depositors could be settled without insisting on production of any documentation other than a letter of indemnity.

20.6 Time limit for settlement of claims

Banks should settle the claims in respect of deceased depositors and release payments to survivor(s) / nominee(s) within a period not exceeding 15 days from the date of receipt of the claim subject to the production of proof of death of the depositor and suitable identification of the claim(s), to the bank's satisfaction.

Banks should report to the Customer Service Committee of the Board, at appropriate intervals, on an ongoing basis, the details of the number of claims received pertaining to deceased depositors / locker-hirers / depositors of safe custody article accounts and those pending beyond the stipulated period, giving reasons therefor

21.4 Simplified operational systems / procedure

As per the direction of Reserve Bank, the Indian Banks' Association (IBA) has formulated a Model Operational Procedure (MOP) for settlement of claims of the deceased constituents, ..

Thank you

You personally visit in the court where the stamp amount or court fees are paid if you dont know I will give you exact stamp amount needs to be paid in the court for succession certificate.

A Letter of administration is also issued by the office of Administrative General situated at High Court Allahabad. The administrative general sitting at High Court Allahabad issues a Letter of Administration which is having same applicability like Succession Certificate. The stamp duty paid for this Letter of Administration is less than the stamp duty paid for succession certificate. You may approach me for Letter of Administration!

You lawyer is right.

Ad Valorem stamp duty is payable on succession certificate and this would depend on the amount lying in the Bank Account. He has informed you of the maximum applicable slab.

Just to counter-check, verify the exact stamp duty payable in your case with another local lawyer.

The succession certificate can be obtained from court of law but the stamp duty, which 3% in certain states and (the rate applicable in UP may be enquired,) the court fee as well as lawyer's fee may be enquire locally.

Before that aproach bank and ask if indemnity bond executed jointly by all the legal heirs/successors in interest can be acceptable.

If yes, then you can get a notarised indemnity bond prepared and submit it to the bank for claim amount

But my lawyer is saying stamp duty will be charged according to amount in the bank for instance,for tranferring like 50 lakh rupees I have to pay stamp duty of 7.5% of 50 lakh=375000.Thats a lot of amount .

The stamp duty payable will be a percentage to the claim amount as far as the succession certificate is concerned.

However you may clarify about the percentage from different source too.