• Regarding 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.
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

Execution of surety bond is mandatory for issue of succession certificate 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Hello,

  1. You can inquire with the bank if a Legal Heir certificate will suffice for the claim of your father's account as most banks allow this. This will cost you a nominal fee and can be obtained from the village/Municipal office by application.
  2. For obtaining Succession Certificate there are fees fixed and it is not refundable and has to be applied in a Civil Court.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

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

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

It's the amount for which you are seeking the certificate. You can provide the approx amount to court

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

 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.

 

Feel Free to Call  

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You have to deposit court fees for filing of case or before getting succession certificate.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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