• Succession certificate in WB

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.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

15 Answers

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Apply to district court stating the particular of amount held in bank. Court will issue the succession certificate.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

In which state and city your property belongs or bank account needs succession certificate get from that city and state court.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 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 , 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.

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

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:

  • 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.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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.

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

A succession certificate must be made where the branch is located. Apply to the court which has the jurisdiction over that branch.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

Engage a local lawyer and file a petition for grant of Succession Certificate.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You need to apply in court for the same

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You have to file suit for succession certificate in court of district where your father was residing at time of his death. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You may have to apply for succession certificate before the court situated in Haryana the place where he last resided for more than a year.

You can contact a local lawyer in that place and proceed as per the instructions received.

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer