Is there any nominee to bank account, Request the bank to manage with legal heir certificate - easy to obtain, less fees and time.
SC will issue by court in haryana or where bank is exits.
Hi, I live in Mayapur, WB. My father lived and expired last year in Haryana. I am the sole suriving heir. One of his banks requires a succession certificate. Kindly advise.
Is there any nominee to bank account, Request the bank to manage with legal heir certificate - easy to obtain, less fees and time.
SC will issue by court in haryana or where bank is exits.
Apply to district court stating the particular of amount held in bank. Court will issue the succession certificate.
In which state and city your property belongs or bank account needs succession certificate get from that city and state court.
- 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 , you will have to file a Petition before the District Judge , even in your state.
- The petition should contain all the important details such as the name of the petitioner/your name , 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 father and the detail statement of uptodate amount in the bank . Bank is bound to provide you details of deposits on demand in the name of your father.
- 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 your name , 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 father , for getting the said succession certificate.
Good luck and dont forget to rating Positively.
To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his death or, if at that time he had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.
You ha e to apply for succession certificate fir his bank accounts
2) it can be applied for in state where father died or property is situated
3)enclose father death certificate
4) schedule should mention details of father bank accounts
Dear Sir,
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:
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.
1. IF Father had named (registered) you as a "Nominee" in all his Bank Accounts, THEN on demise of Father, the Bank has to handover the residual proceeds of Father's Bank account to the registered Nominee, "WITHOUT" insisting on any "succession certificate". This is the RBI rule. Google and you will find the same.
2. Banks can refuse to honor the registered Nomination, only IF there are other legal claimants who are claiming the assets of Father. But since you are the sole legal heir, you have to produce only your Ration Card, Aadhar & PAN card and an notarized affidavit (or maybe an Indemnity Bond) to the Bank for claiming proceeds of Fathers account.
A succession certificate must be made where the branch is located. Apply to the court which has the jurisdiction over that branch.
Regards
See 8fnyour father resided in haryana and bank account are in haryana then for same you need to file for succession certificate before the district court in haryana where your father resided.
You can engage a local advocate and can file for same court fee based on amount has to be paid.
Also for bank succession certificate is not mandatory ask bank that you will submit indemnity bond they will allow you same.
If there is more than one legal heirs of a person who has died without any Will then in respect of his movable assets one has to apply for succession certificate.
This is to be applied for either at the place where he has died or where he has left his assets.
So act accordingly.
You have to file suit for succession certificate in court of district where your father was residing at time of his death.