You have to apply for and obtain succession certificate in name of legal heirs as father died intestate
2) enclose father death certificate
3) consent affidavit of other legal heirs
4) pay the court fees
6) you would get SC in 6 months
My father was a British citizen He died in the England . He has an account in SBI in India. He had not registered any nomination. I am his daughter, Now I want to claim the amount, Please guide me about the procedure. I have five brothers, Four of them are not mentally normal and my mother had died in 2004.
You have to apply for and obtain succession certificate in name of legal heirs as father died intestate
2) enclose father death certificate
3) consent affidavit of other legal heirs
4) pay the court fees
6) you would get SC in 6 months
1. Talk to the bank as the bank often on the basis of Indemnity deed release the money in favour of the legal heir of the account holder.
2. If it does not then you will have to apply for succession certificate.
3. Once success certificate is issued the bank would be bound to release the money.
However do note that the said sum of money would be liable for equal division among all his legal heirs.
Dear Sir,
The procedure is as follows:
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.
file a case for succession certificate before civil judge senior division and obtain succession certificate
1. You will have to obtain a Succession certificate from the court
2. For that the consent affidavits of all your 4 brothers will be needed
3. Since they are mentally unstable, you will have to also file a guardianship petition to do various acts on their behalf. One of them will be to sign the consent affidavits required for succession certificate
4. Once you get the certificate from court, you can submit the true copy to bank and it will release the amount to you
5. You will need to pay court fees on the petition for grant of Succession certificate depending on the value of the amount lying to the credit of your late father's account
Hello mam,
You are required succession certificate from civil court, india for claiming father's bank account.
Thanking you
See first of all contact to the bank after the RBI guidelines succession certificate is not mandatory in all cases bank releases fund on the NOC of the legal heirs and can just ask or indemnity bond and can release the fund.
if the bank is not satisfied than on that occasion if have to apply for a succession certificate in the civil court, For succession certificate an application has to be made along with the death certificate and family rasan card and identity proof
You need to get a share certificate from the magistrate in your city all your brothers will be included in this year certificate irrespective of their mental status as soon as you get the share certificates you can claim from the bank the balance outstanding deposit amount as per the share certificate.
- In the absence of nomination, money legally should go to the legal heirs.
- If the spouse is the only legal heir then benefit will go to the living spouse but If there are off-springs, they have every right to claim.
- As per the RBI circular , if the amount in the deceased account is not very big , there is no requirement for getting succession certificate from the Court of law.
- Better to contact the SBI official , SBI has certain formalities including affidavits from the other legal heirs.
- If the bank is asking for family member certificate then you can get the same from the office of local Tehsildar/sub-registrar.
First, you need to show the death certificate and fill claim application form. A probate of will and succession certificate is also required to claim the money in the deceased account.
You make representation to bank authorities with relevant proof. If they are not listening file suit
Make an Application to the Bank in the Home Branch, the Branch manager is responsible for all such protocols. In case they dont, then you can file a Writ in the High Court as it is A govt Bank.
You have to produce a succession certificate in respect of his successors in interest from Britain, if he had lived and died in Britain at least one year before his death.
Your siblings also are successors to his estates and movable assets.
You may have to obtain NOC from them
All these documents are to be attested by the Indian Embassy.
After obtaining all these relevant documents, you may fill up the claim form and follow the further procedures as per the bank guidelines.
You have to prove that you are his legal heir. Contact at adv.jaswantsinghkatariya at gmail.com for more information.
Firslty, you need to take the legal heir certificate before the SDM for getting share in it.
Secondly, if there is no nominee then the same amount would go as per Hindu Succession Act.
Thirdly, and you would also be asked to show the record of no objection certificate stating that you can take the whole amount if they are not demanding anything out of it which may be difficult to think in today’s world.
1) You have to apply in the court for succession certificate or fill bank form. Go on SBI lunk online and fill below forms according to your father account. Mostly you have to fill up claim form and letter of indemnity.
FORMS) DECEASED CLAIM FORMS
You can download forms for settlement of claims of the deceased constituents from this section.
Claim Form
Letter of Authority for treatment of pipeline funds in name of deceased
Affidavit(wherever applicable)
Letter of Disclaimer
Letter of Indemnity
Personal Details of Surety for Opinion Report
Letter Of Indemnity for delivery of Gold/Silver ornaments of deceased held as security against loan by the bank
Letter of indemnity for delivery of articles in bank?s safe deposit Locker / sealed boxes etc. in name of the deceased
Letter of indemnity for delivery of shares, securities of the deceased in safe custody with the bank
Letter of undertaking from Survivors and Legal heirs to do all acts for winding up of the firm