• Access to my dead father's bank account

1. I am the elder son and my mother has requested me to access the balance of my father's bank account at the Bank of India /Electric House Colaba Branch, Mumbai and send the money to a donation in Mumbai. 
The bank demands a "family member certificate". What is this document? Where can I file for it? Who issues it? Is it the relevant document for my case?
Do I need a lawyer in Mumbai for this?
2. I am told I need to get a "NOC" No objection certificate. Do all members of the family (i.e .my mother, my brother) have to issue such a certificate? What is the fomat for this? Do I need a lawyer in Mumbai for this? Is this true what the bank is asking for?
Asked 1 year ago in Civil Law from Switzerland

Dear Sir,]

The following link of RBI gives you all the REQUIRED answers to you.

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https://rbi.org.in/scripts/NotificationUser.aspx?Id=2284&Mode=0

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Settlement of claims in respect of deceased depositors – Simplification of Procedure

Pursuant to the announcement in the Mid-Term Review of the Annual Policy of the RBI on November 3, 2003, the Committee on Procedure and Performance Audit on Public Services (CPPAPS) was constituted by the RBI with a view to improving the quality of public services to the common person. The Committee in its Report No.3 on 'Banking Operations : Deposit Accounts and Other Facilities Relating to Individuals (Non-Business)', observed that the tortuous procedures, particularly those applicable to the family of a deceased depositor, caused considerable distress to such family members. While the instruction regarding settlement of claims of the deceased depositors had been issued to the banks vide our circular No.DBOD.BC.148/09.07.007/99-2000 dated March 14, 2000 and BC.56/09.07.007/2000-01 dated December 6, 2000, the present dispensation has been reviewed in the light of the recommendations of the CPPAPS and the following instructions are being issued, in supersession of all the earlier instructions on the subject, to facilitate expeditious and hassle-free settlement of claims on the death of a depositor.

Kishan Dutt Kalaskar
Advocate, Bangalore
4690 Answers
134 Consultations

5.0 on 5.0

1. Yes you need a lawyer for this. Certificate is to be obtained from thr court.

2. All the legal heirs will have to give the NOC for you to get the certificate

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

This will cost you around 50-60 thousand rs.

Depending on the lawyer you engage

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

When a Government employee and the head of the family expires, the surviving family members such as Spouse, Sons, Daughters has to obtain a certificate which is referred as Family Member or Proper Person Certificate. The Mandal Revenue Officer (MRO) will process the applicants request after following a thorough process.

You should have valid documents such as ration card, pan card, voter id card. You should manually complete the application forms and submit in the respective MRO office of your area. The main applicant should claim as the head of the family while applying.

You can either apply at meeseva counters or apply online at http://mumbaicity.gov.in/

The government charges applicable for such application is only 35 INR, so it's advisable to hire a local lawyer in mumbai to handle the documentation work, who should not charge you more than 2k, inclusive of all cost to procure the said certificate.

Follow Up questions are always welcomed.

Siddharth Jain
Advocate, New Delhi
4978 Answers
55 Consultations

5.0 on 5.0

1) Its a normal affidavit that you have to make notarized it. In that you give undertaking that how many members are their in your family what is their age, name and relationship with your father.

Your signature and notary it.

2) Will be cost you maximum 1000 rupees not more than that.

Ganesh Kadam
Advocate, Pune
8264 Answers
69 Consultations

4.9 on 5.0

If you want I can make a draft for you and email to you.

Ganesh Kadam
Advocate, Pune
8264 Answers
69 Consultations

4.9 on 5.0

You need a succession certificate from Bombay high court to access your deceased father bank account

2) enclose father death certificate

3) you have to pay court fees to obtain succession certificate

4) your mother , brother can execute consent affidavit to enable succession certificate to be issued in your name

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
69049 Answers
4153 Consultations

5.0 on 5.0

What is total amount lying in bank account .?

APPLICATION FOR FAMILY MEMBER /

PROPER PERSON CERTIFICATE

To

The Tahsildar,

………………………………Mandal.

Sir / Madam,

It is to bring to your notice that my father / husband / son / daughter

______________________________son/father/husband ____________________________ died

on ___________________________ date due to …………………………….. As certain dues

are to be received from the Government / Other Companies / Organisations, I required a Family

Member /. Proper Person Certificate. Details of my family members are furnished here under.

Sl. No. Name of the Family Member Age Sex Relationship with the Deceased

1.

2.

3.

4.

5.

2. I am herewith enclosing the following documents in support of my application.

a)Death Certificate dated…………………. Issued by…………………………….

b)Ration Card No.

3 I am also enclsing

the following with the application form

a) Challan for Rs.50/- dt………………………; Challan No…………………………

b) Notarized Affidavit of Family Members (Rs.10/-)

4. Hence, it is requested that after due enquiry the Family Members Certificate / Proper

Person Certificate my be issued.

5. The Proper Person Certificate may kindly be issued in favour of …………………….

…………………….………………… (Sl. No……….. above) to receive the dues if any from

Government / any other Organisation / Company etc., due to the death of the deceased.

( To be filled in only if proper person certificate is required)

Date:

Place:

:

Signature of the Applicant

AFFIDAVIT OF FAMILY MEMBERS

I, ………………………………. S/o, D/o ……………………………, age ……

years, residing at D.No.

………………………………………………………………………..

………………………… Nellore Mandal, Sri Potti Sriramulu Nellore District, do

hereby solemnly affirm and state as follows:-

1. I do hereby declare that my Father/Mother/Husband/Son/Daughter died on

…………………………………………, at ………………………………due to

illness. He has left behind the following family members.

Sl.No. Name of the family members Age Relationship with the

deceased

2. I am giving this affidavit on solemn declaration consciously believing it to

be true and in faith thereof.

The above stated facts are true and correct.

Date: Deponent.

Solemnly affirmed and executed.

Ajay Sethi
Advocate, Mumbai
69049 Answers
4153 Consultations

5.0 on 5.0

Dear Client,

It`s Legal Heir Certificate, You have to apply local tehsildaar office (Collector office), where father had permanent address.

Hiring a lawyer will save time and process headache.

NOC can be in simple language, that your are authorized by Mother and Brother to get release of money from bank and do certain job whatever. Or Power of Attorney.

Check if nominee appointed with the bank account, than no need above process, nominee is authorized to collect money on behalf of legal heirs, than distribution accordingly.

Yogendra Singh Rajawat
Advocate, Jaipur
14612 Answers
19 Consultations

4.6 on 5.0

Do call me via consultation call. I will be needed all details of your family members. Here I could not find any your details.

Ganesh Kadam
Advocate, Pune
8264 Answers
69 Consultations

4.9 on 5.0

See first of fall after the RBI circular till the amount is not very big the bank does not ask any document further in your case if bank is asking for family member certificate then same can be obtained from local Tehsildar/sub-registrar office on application.

Succession certificate from court is not required after RBi guidelines the bank is just ascertaining the true legal heirs, succession certificate has to be obtained through the court and in this process high cost is involved.

Hire a local lawyer at jurisdictional tehsil office he will ready an application attach death certificate family rasaan card and other identity proof for the documents this process wont cost you much.

Shubham Jhajharia
Advocate, Ahmedabad
20911 Answers
81 Consultations

5.0 on 5.0

Legal heir certificate procedure will cost you at maximum 2 to 5 thousand rupees you donot have to go for succession certificate clarify with bank, on recent policy banks disburse funds simply to legal heirs on NOC but if they have asked for family member certificate that can be obtained.

Further a NOC in form of Power of attorney in format prescribed by the bank can be taken from mother and brother wherein they authorise you to take a family member certificate on there behalf and collect the funds from the bank.

Shubham Jhajharia
Advocate, Ahmedabad
20911 Answers
81 Consultations

5.0 on 5.0

Hi,

First of all please accept my condolences.

The bank has a format for all the documents except the family tree i.e. the family member certificate. The NOC format is with the bank you can ask them to provide a copy.

In my case, i got the family member certificate i.e. the family tree from the municipal corporation. There is a set format for application, you need to provide an affidavit detailing the family structure and the reason for asking for the family tree. I have done this exercise in my case when my father expired in Patna. In Patna this is issued by the municipal corporation.

The NOC is asked for by the bank as the bank fears that other claimants may raise a claim. The format is standard. As stated above, bank will provide the format.

Even the application format is standard by the bank. There will be an indemnity clause in the application which will require you to indemnify the bank if a parallel claim is raised.

The bank will also ask for death certificate. I didnt find that in your list. But banks insist on it for their records.

It will be better to have a local counsel help you with this.

Regards,

Prashant Kumar
Advocate, Bangalore
15 Answers

4.0 on 5.0

Hello sir,

To access your father account , you are required succession certificate from civil court . For my complete opinion, you may contact me. I shall available online 8-9 pm.

Thanking you

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

Your query reveals that

You want to withdraw money from your deceased father’s account.

First check who is nominee in concerned Account .

If no one is nomnated then you have to obtain letter administration.

Which is issued by court on consent of existing legal heir.

For this you have to file an appropriate application under succession act

Arihant Nahar
Advocate, Indore
84 Answers

4.7 on 5.0

Sir, you need to have a succession Certificate from Court.

We apply for it. Fee is Twenty five thousand with some other nominal expenses. Email is adv.jaswantsinghkatariya at gmail.com.

Jaswant Singh
Advocate, Gurugram
584 Answers
2 Consultations

4.8 on 5.0

1. I hold a bank account in the same bank and branch as your dad

2. Did your late father appointed any nominee?

3. If yes then the money lying to the credit of the bank account can be transferred by the bank to the nominee

4. If there is no nominee left by you dad, then the bank will require you to obtain a Succession certificate from the court

5. This certificate ensures that the holder of it is indeed the right person to whom the bank can transfer the amount lying to the credit of the deceased's account and take a valid discharge

6. So in absence of nominee, the bank is correct in asking for a Succession certificate

7. For obtaining succession certificate you will have to file a petition in court

8. It will involve payment of fixed court fees, lawyer fees for drafting the petition and clerkage

9. You can file this petition by yourself or through a trusted person who can act as your constituted attorney. You will have to grant a power of attorney to that person to do all court formalities

10. If the bank is asking for NOC then that will be great since that would save you the cost you would have to incur for obtaining the succession certificate. All legal heirs of the deceased will need to provide this noc giving their respective no objection against the transfer of the money to any one of the family member. The legal heirs of your dad will be his widow and children.

11. I guess the fixed court fee is Rs. 75k but I shall confirm on that

12. If the amount in the bank account is less than that then you may consider forfeiting that sum to the bank.

13. The above is assuming your dad is no more

14. If he's alive then he simply needs to give you a power of attorney to operate his bank account. No family member certificate is required. That's complete non sense

15. The power of attorney can be signed by your dad before the Indian Consulate and embassy in Switzerland and send the same to you by courier. You can then sign it here before public notary. Procedure complete.

Yusuf Rampurawala
Advocate, Mumbai
4665 Answers
28 Consultations

5.0 on 5.0

Hi

Yes banks do ask you for many formalities in cases like yours.

Main thing is you need to prove to the bank that you are the son of deceased account holder and other family members donot have any kind of objection on you operating the account.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

1. You have not stated whether your Father is alive or not. If he is alive, you have get permissions from your father (if he is unable to move or hospitalised). If he is not alive, you have to obtain Legal Heir Certificate from the concerned Taluk office. This Legal Heir certificate is otherwise known as Family member certificate stating that you are one of the Legal heir and also a living family member in the family of your father. You have to apply directly to the concerned taluk office where your father resides. The Village Administrative officer will issue this certificate. If your name appears in the certificate, you can approach the bank to make transfers if any as being a legal heir of your father, provided you have been mentioned as nominee by your father.

You can better go for assistance of a Lawyer in Mumbai for this.

2. If you are mentioned as nominee by your father, then there is no need for getting NOC from other members of the family. If your mother is mentioned as nominee, she can directly approach the bank for making any transfers.

Apart from this, if any self earned property of father being intestate, then only NOC to be obtained from other members of the family.

No specific formats for this. The family members have to simply make endorsements of "No Objections for transfer of funds" and put their signatures to that effect in the format as specified by the bank.

If needed, you can approach a lawyer expertise in civil law. Banks may ask as per their norms.

For obtaining Legal heir certificate only, we will have to apply to the concerned government authority and pay requisite fees charged in Mumbai. If you follow the bank norms as per requisites, you can get your job done.

Kumaresan
Advocate, Coimbatore
1 Answer

Not rated

The Family member Certificate is very relevant in case you have to access the bank of your deceased father. Firstly check with the Bank whether there was any nominee on his account in case of death. if there is a nominee then the nominee can get the access to his bank by submitting the death certificate of your father. In case there is no nominee then the family member certificate is required. Another terminology used for Family Member certificate is "Succession Certificate". For that you have to apply to the Court. and yes you need a lawyer for that.

For NOC, it is a document wherein all members of your family have to sign stating that they have no objection if the entire access to the bank is given to XYZ(i.e. you). the format can be found online. it is a very simple process and even a bank personnel can provide you with a format.

estimated cost for the process should be around 5000 inclusive of court proceedings.

Shaveta Sanghi
Advocate, CHANDIGARH
899 Answers
94 Consultations

5.0 on 5.0

COURT FEES CHART.

With effect from 8-5-1994 to 16-1-2018

RS: - RS:-

Upto Rs: 1,000.00 Nil

From Rs: 1,001/- to 50,000/- 2 % 50,000/- 980/-

From Rs: 50,001/- to 2,00,000/- 4 %

2,00,000/- 6,980/-

From Rs: 2,00,001/- to 3,00,000/- 6 %

3,00,000/- 12,980/-

From Rs: 3,00,000/- to 11,27,000/- 7.5 %

Above Rs: 11,27,000/- Maximum Court fees RS: 75,000.00

What is the amount in the account? Accordingly court fees will be levied at applicable percentage

I forgot to mention that in case you proceed to obtain a Succession certificate from court, then the other legal heirs of your late father will need to give their consent affidavits for grant of Succession certificate to you

Yusuf Rampurawala
Advocate, Mumbai
4665 Answers
28 Consultations

5.0 on 5.0

The bank may insist on a succession certificate or legal heirship certificate

The succession certificate can be obtained from a court of law only.

The legal heirship certificate can be obtained from the Tehsildar's office.

If the bank agrees and the amount is smaller then you all can jointly execute an indemnity bond indemnifying the bank for future claims, if any, that may arise .

A no objection executed jointly by all the members or the legal heirs of your deceased father may be obtained in your favor and be submitted to the bank along with the claim form and other relevant documents.

T Kalaiselvan
Advocate, Vellore
58895 Answers
746 Consultations

5.0 on 5.0

What is the total estimated cost of this procedure? i.e. is it at all worth it, compared to the bank account balance in discussion?

If you are applying for legal heirship certificate there shall be a nominal fee.

You can process the issue by yourself so that you dont have to pay advocate fees and it will be cost effective

T Kalaiselvan
Advocate, Vellore
58895 Answers
746 Consultations

5.0 on 5.0

The cost for getting the member certificate is different to a different advocates. This is certificates received to all the members together.

Vimlesh Prasad Mishra
Advocate, Lucknow
5683 Answers
19 Consultations

4.9 on 5.0

1. Actually for claiming an amount more than Rs.10 lakhs left by your father, the Bank should have demanded Succession Certificate which is obtained by filing an application before the Court.

2. For claiming amount less than Rs. 10 lakhs, Banks claim legal heir certificate which probably you have referred as 'family member Certificate".

3. Legal heir certificate is issued by the ward counselor of your local Municipal Corporation who will take an affidavit from you confirming the names of all the legal heirs of your late father's movable and immovable properties.

4. After the said legal heirs certificate is obtained, then all the legal heirs mentioned in the said certificate can jointly submit an application to the Bank for sending the said amount to the account of the charitable Institution of your like or any where you all want to. Alternatively, all other legal heirs shall have to issue NOC in your favour for dealing with the said amount of your late father.

Krishna Kishore Ganguly
Advocate, Kolkata
22781 Answers
613 Consultations

5.0 on 5.0

1. Your major expenses will be for taking up trips to India.

2. Otherwise it will hardly take Rs. 10 K to Rs.20 K for getting the entire things done.

Krishna Kishore Ganguly
Advocate, Kolkata
22781 Answers
613 Consultations

5.0 on 5.0

For NOC all the legal heirs bin the said bank account should give no objection to you to handle the same. An NOC can be drafted and send to bank. You can take our services through kanoon

Prashant Nayak
Advocate, Mumbai
14536 Answers
25 Consultations

4.6 on 5.0

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