• Need to make a succession certificate

My mother died and left some money without nomination in bank deposit; need to make a succession certificate in the name of my father as Bank is asking for the same. 

Please suggest
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

Fee free to contact. I can help you with the end to end process on obtaining a succession certificate.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Hi,

This certificate is issued by SDM and you are required to apply as per prescribed format giving all the details. It may take 15-20 days to get the certificate after applying.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1) your father has to file petition in district court for issue of succession certificate 

 

2) enclose mother death certificate 

 

3) schedule of money lying in bank 

 

4) Consent affidavit of other legal heirs 

 

5) you would get succession certificate in 6 months or so 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

A succession certificate must be made by filing an application wherein the amount bank branch and other details must be mentioned and filed in the court of civil judge.engage a lawyer for this purpose.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

- A Succession certificate is defined as a certificate issued by a court to the legal heirs to receive the interest or dividends on the securities and bank deposits etc. 

- For getting the Succession Certificate , your father will have to file a Petition before the District Judge of New Delhi Court 

- The petition should contain all the important details such as the name of the petitioner/your father, relationship with the deceased person, the names of all the heirs of the deceased, time, date and place of death.

- You will have to attach the death certificate of your mother and the detail statement of uptodate amount in the bank . Bank is bound to provide you details of deposits on demand.

- The court, after scrutinizing the petition, issues a notice to all concerned parties and also issues a notice in the newspaper and stipulates a time frame within which anyone who has any kind of objections may raise them.

- If no one has objection for transfering the said deposits in the name of your father, then the Court will pass an order to issue a succession certificate .

- You will have to deposit approx  2 % of the amount of bank deposits in the name of your mother , for getting the said succession certificate.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

You need to approach to the appropriate court may be civil or high court depending on your property and jurisdiction. The court will issue the succession certificate

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You need to file a petition in court for getting succession certificate under Hindu succession act.

For that you should hire an Advocate.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The petition should mention important details such as the name of petitioner, relationship with the deceased, names of all heirs of the deceased, time, date and place of death. Along with the petition, death certificate and any other document that the court may require should also be attached contact a local lawyer or you can engage expert lawyer through this web portal. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See you need to file  an application for.succession certificate before the court, all the legal heirs have to be added in same and if you want it in favor father then consent of other legal heirs have to be recorded in his favour.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear sir,

Succession certificate is granted by SDM having jurisdiction. You have to fill all the particulars od your antecedents alongwith all the survivors. There is a specific form for this. 

You can contact me for form and consultation. 

Regards,

YUGANSHU SHARMA

ADVOCATE

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

1. Your father has to then file a petition for the grant of Succession Certificate by making you and general public respondents.

2. Court will order newspaper publication and the entire process takes around 6-8 months if no one comes to object.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Procedure for Obtaining Succession Certificate

To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.

Petition for Certificate

A petition for succession certificate must contain the following particulars:

  • Time of death of the deceased;
  • Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under;
  • Details of family or other near relatives;
  • The rights of the petitioner;
  • Absence of any impediment to the grant of certificate;

Grant of Certificate

On making the petition, if the District Judge is satisfied as to the ground of making the petition, can grant an opportunity of hearing to persons who, in his/her opinion, should be heard. After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of  certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Post demise of your mother, her Bank deposits will devolve upon: You, your other siblings and your father. 

All the legal heirs must approach the competent court and file a petition for a succession certificate.

 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. Succession certificate shall have to be applied for in the name of all the successors of the deceased person.

 

2. Details of all the movable properties like FD, MF, Shares etc shall have to be included in the list to be submitted in the application for issuing succession certificate.

 

3. You can gift the said movable properties in favour of your father thereafter if you so wish.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Succession certificate will issue in husband and children name. First try to manage will Legal heri certificate,  early to get and cheap. 

For SC, hire anupam srivastava.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

If the amount is not a huge amount then you can ask the bank to permit you to give an indemnity bond by all the successors in this regard and after that you can give NOC in favor of your father to draw the amount.

Obtaining succession certificate will involve huge cost and time consuming.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Dear Sir,

A nominee and legal heir can be different individuals. If there is no nominee, legal heirs become eligible for the money and final settlement." ... However, it should be noted that the bank will only give the nominee charge of the proceedings or money when the account holder dies.

 In a deceased account where there is neither Survivorship clause nor Nomination, our Bank delivers the assets only to the legal heirs.

As disposal with legal representation is time consuming, to improve customer service, our Bank has devised a system of settling the accounts without production of legal representation on the basis of Indemnity – cum – Affidavit. This is applicable only when:

  • The customer has died INTESTATE i.e. without a WILL and

  • There are no disputes among the legal heirs and all the legal heirs (other than those who have furnished a Letter of Disclaimer) join in indemnifying the Bank and there is no reasonable doubt about the genuineness of the claimant(s) being the only legal heirs.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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