• Deceased account

My bachelor brother residing at lucknow and died at lucknow, did not have any nomination, we were 4 brothers and 4 sisters, out of which 2 sisters 2 brothers had already expired and parents are also dead and all are predeceased. at present two sisters and me were alive at the time of his death. my questions are :

1- hope me and two alive sisters are legal heirs.

2- can i get succession certificate from kolkata court instead from lucknow court as all residential address are of uttarpara-kolkata, west bengal ?

3- he had no fixed assets, only some bank's deposit/ Post Office Deposits.

will await your advice.
Asked 3 years ago in Property Law
Religion: Hindu

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12 Answers

This is my response to you:

1. You can get the succession certificate from Kokata Court as well as the bachelor brother was permanently residing in Bengal otherwise not allowed;

2. It is still better if you can send your authorized representative to Lucknow Court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You and your 2 sisters would be legal heirs

2) if his bank accounts other deposits were in Kolkata you can obtain succession certificate in Kolkatta

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Yes in your present case if no Immovable Property is in Lucknow then you will get from Kolkata.

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

You have to apply for SC in Lucknow as deceased brother died in Lucknow bank deposits were in Lucknow

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Yes. You can apply for succession certificate from West Bengal, if your brother's bank account is from West Bengal too.

Siddharth Jain
Advocate, New Delhi
5668 Answers
74 Consultations

5.0 on 5.0

If you have Lucknow as the prime jurisdiction then you need to file the same.

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

1. yes, since our brother do not have any class-I legal heir then his living siblings which include you being his class-II legal heir are eligible to inherit his property.

2. If your bother was ordinary resident of Kolkata then from this place only you can apply for succession certificate.

3. Then succession certificate is only option.

Devajyoti Barman
Advocate, Kolkata
22341 Answers
343 Consultations

5.0 on 5.0

as you said that you have two other siblings and they and including them you are the legal heirs of the deceased brother of you as he has not married and in this case surely you can get the succession certificate from the concerned court of bengal only and you wont have to get before the court of lucknow. and as early as possible you get the succession certificate you will be submitting the same to the concerned bank or financial institution along with disclaimer certificate(if needed) they will be transferring the same to your nominated legal heirs accont.

hope i can satisfy your queries.

Biswajit Mandal
Advocate, Barrackpur
4 Answers

Not rated

Class II legal heirs,

Succession certificate will issue by court where monies are lying, bank situated.

check if any nominee to account, than nominee can receive the deposit and will disburse among heirs.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

1. Were the two sisters and two brothers who are now deceased, married? If the answer is yes then even the legal heirs of those deceased siblings succeed to the assets of your deceased bachelor brother.

2. In short you, your two surviving sisters and the legal heirs of the deceased siblings succeed to the movable and immovable assets of your deceased bachelor brother.

Ashish Davessar
Advocate, Jaipur
30308 Answers
889 Consultations

5.0 on 5.0

You may have to file succession certificate case at the place of death i.e., at Lucknow.

The surviving siblings will be considered as class II legal heirs.

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

Further, the bank deposits are available in a bank located in Lucknow hence the jurisdiction will lie in Lucknow only.

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

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