Hi, My father expired in 2010. However, due to several professional reasons, i could not apply for legal heir and succession certificates till now. My father died in Ghaziabad Uttar Pradesh He has house loan on his name, now I want to transfer that loan account to my mother's name. What is the legal procedure? Is succession certificate required?
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Succession certificate is only for movable debts and securities
2) if your father left behind both movable and immovable property you should obtain letters of administration from district court . Notice would be issued to all legal heirs
3) if there is no contest it does not take more than 6 months
Hello Good Evening,
You have to file a suit for letters of adminstration .
Hope this helps.
Regards.
Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities. As such you people need to obtain the same for transferring loan amount to your mother's name.
Secondly for immovable and moveable assets left by him you should obtain letters of administration from district court .
Hi, you have to obtain a succession certificate in order to access his bank account and other properties.. The sucession certificate shall also be required to transfer the loan account .
Dear concerned,
As the property is in your fathers name and home loan too is on his name. Bank may ask for succession certificate. Getting succession certifixate from court takes a minimum of six months. Hence first check the documents needed with the bank before applying for certificate.
Best of luck
Yes the succession certificate and the death certificate is required.
The same will have to be obtained from the court in Ghaziabad.
Contact a local lawyer who may get the same for you, it will take 6 months.
This includes NOC from all legal heirs and publication in news paper.
Regards
In the absence of nomination or will, the heirs to a piece of property or financial assets are required to prove their claims to them. In such cases, depending on the asset, an heir might be asked to produce either the succession certificate or the letter of administration.
For movable property like the provident fund, bank deposits, shares, loans, or other securities, the succession certificate is required.
Formalities like realization of debts and securities, transferring of assets and to inherit debts to realize the debts and securities of the deceased can be completed by legal heirs only after grant of succession certificate. A beneficiary makes an application to a civil court and court may grant the certificate according to Succession Act, if it is satisfied.
A duly signed and verified application must be made to the civil court of competent jurisdiction.
b- In the petition, details like petitioner’s name, name of legal heirs of deceased, relationship of the petitioner with deceased, right of petitioner, residences of relatives and family of deceased and details of death along with the death certificate debts and securities for which the succession certificate has to be obtained have to be mentioned.
According to Schedule II of The Court Fees Act, 1870, certain amount is levied as court fee for this process. Stamp Duty may vary from state to state.
3-Process:
A newspaper notice for 45 days is issued by the court. Any person having problem with it can file objections. If the court doesn’t receive any objection, it issues succession certificate. This process takes five to seven months.
Documents required for obtaining Succession Certificate:
Below is the list of documents required for applying for the Succession Certificate:
(i) Death certificate
(ii) Pan Card of all the legal heirs .
(iii) Ration card of all the legal heirs.
(iv)-Prescribed application form by affixing a court fee stamp.
1. No certificate is required to transfer your demised father's home loan account in favour of your mother's name.
2. She can just pay the EMIs and the outstanding amount which might have already become NPA by this time.
3. However, after the loan is repaid, the Bank will not return the title document to your mother and will ask for the legal heir certificate for handing over the said original title deed to your father's legal heirs.
4. First collect the legal heir certificate of your late father from the local Municipal Corporation and then apply to the Bank for transfer of the said loan account in favour of your mother.
5. You can also approach the Bank for one time settlement of the loan account which can be settled against one time payment of even 50% of the outstanding amount.
1. Succession certificate is required to claim his movable assets lying with the bank or financial institutions.
2. To transfer loan account though succession certificate is not compulsory.
3. However getting succession certificate is beneficial to prove the proof of legal heirs of your father and comes handy whenever it is required to be proved.
Hi,
You are suggested apply for the transfer of the loan account on the name of your mother.
You can file a petition seeking succession certificate before a court competent within your jurisdiction and on the basis of succession certificate you can give NOC to the bank to transfer the loan account in favor of your mother if she is already not a co-applicant for this loan.
You may also remain a co-applicant along with your mother for the loan amount
Contact your local bank branch about the same. You check the pics you can do the same with heirship certificate also. Just do what your bank says
