Execution of surety bond is mandatory for issue of succession certificate
Sucsession certificate for bank account of father, is not been issued because i have to provide Assurity amount which is not possible for me. Please could you advise what could be done in this situation. Assurety amount is to be submitted in Court for ever. I also want to know if there is any certain time period for which assurity could be with the court.
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What kind of surity amount? I don't understand. For a succession certificate a suit has to be filed stating the amount that is with the bank. The court will issue it.
Hello,
- As per section 379 of the Indian Succession Act, every application for a certificate must be accompanied by a deposit court fee , and the amount of court fee should be calculated according to law .
- Further, once an application for a succession certificate is granted , the sum deposited by the applicant cannot be refunded on the ground that he is unable to furnish security.
- Hence, until you not pay the said Assurety amount , the court cannot grant the succession certificate .
- No such time is fixed for depositing the same.
- However, if you are facing financial hardship , then you should move an application before the court to give you a proper time to provide Assurety amount.
It is not clear what do you mean by ' Assurity amount' as there is no such cncept in court.
2. if you wished to mean by this court fees then certainly you will ave to pay the court fees which would be assessed on the amount for which you applied for succession certificate.
3. unless you are proved to be an indigent person there is no waiver of court fees.
Assured amount will not be submitted in the court.
You will have to buy stamp paper of that amount and Succession Certificate will be printed on those stamp papers
It's the amount for which you are seeking the certificate. You can provide the approx amount to court
What is the assurity amount that you are referring here?
Have you filed the petition praying succession certificate before competent court?
Are you referring to the court fee or the stamp duty that is to be paid before court for this purpose?
If you have not filed a succession certificate case before court yet, you may approach the bank manager to give an indemnity bond executed by all the legal heirs/successors in interest to succeed to the assets of the deceased.
The indemnity bond with a respectable person in the local giving a surety can be acceptable to the bank to release the amount held in the account of the deceased account holder.
You may revert with the details.
1. Succession Certificate is issued by the court of District Judge. You have to file petition under Indian Succession Act.
2. The Court Fees Act, 1870, prescribes a specific percentage of the value of the estate as court fee to be paid on the petition.
3. If you are unable to arrange for sureties then file an application in the court seeking exemption from doing so.
its not assurety, its surety,
A security/surety bond treats like a payment bond or performance bond based on the financial standing of the underlying entity being bonded by him/her.
in case of succession certificate, the court usually asks for the indemnity bond,
Once the certificate of succession has been granted to the petitioner by the court, the next step is to sign a bond to indemnify persons entitled to the debts and assets of the deceased. The bond will also require a surety whose own assets are equal to or worth more than the estate of the deceased. The surety is generally for the purpose to guarantee the legal heir.
the surety is taken by the court to safeguard itself from any future claim by any other person in relation to the same property
As surety amount can not behold by the court forever, after issuance of Succession certificate to you the court may release the surety amount if nobody object on that succession certificate or claimed that he/she is also the legal heirs of your father. It is only for the protection of the property/money of the deceased.
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In case if you are not financially in sound position, you can move an application seeking to exempt you from giving Assurity.
It is must, to give assurity for getting Succession Certificate.
Who is nominee to bank account ? Nominee can withdraw the amount and than hand over to legal heir.
For SC, court fees will pay. IF you do not have this much amount can request the court when money will release than can pay. But no option to avoid court fees.
judge may also require the applicant to provide a bond with one or more sureties or any other security so as to make good any possible loss arising out of the use or misuse of such certificate.