If the account is your father's and he is no more tgen file a suit for succession certificate in tge district court. You will get a cerand on that basis you may withdraw the money.
Nominee issues
In Sbi a/c my father's salary comes but no nominees there. How's to withdraw the money from the bank. After death In here a/c 30lk+
Asked 4 years ago in Civil Law
32 Answers
You have to apply for issue of succession certificate from district court as father died intestate
Please approach High Court for succession certificate and after hearing all the legal heirs the High Court would issue succession certificate to the legal heirs of your father to be entitled to claim and withdraw for the immovable and movable properties including SBI Account of your father.
You need to approach the District court at your place and apply and obtain Succession Certificate in your name if your father died intestate.
Using the said certificate, you can operate the Bank Account.
1. Since there is no nomination made by him the Class 1 legal heirs of your father require Succession Certificate to realise the sum in his salary account.
2. Petition for Succession Certificate has to be filed in the court of District Judge.
The bank would insist production of succession certificate to disburse the death claim amount.
You may talk to the bank manager that if they would accept an indemnity bond jointly signed and indemnified by all the legal heirs which will solve the purpose after which you all can jointly draw the amount held in the account of your deceased father.
If he is not alive than you have to take succession certificate from court.
If he is alive kindly registered nominees name as of now by applying in the bank
1. See the legal heirs may get a legal heir certificate from the local tehsil dar and may present same before bank along death certificate and may ask for the amount. In absence of nominee the legal heirs may withdraw the amount.
You need to provide your heirship certificate to bank and they will do the needful
You have to approach the appropriate District Court and obtain a succession certificate after filing the petition.
The Court will issue to notice to all the concerned parties, hear them and grant the certificate accordingly.
The bank will disburse the amount in accordance with the succession certificate.
Hope this answer helps.
Best Wishes.
No salary account is generally maintained without nomination.
However if in his case if he has died without appointing a nominee then his legal heirs on production of heirship certificate or Succession certificate can get his terminal benefits released from bank.
Dear Sir,
You are suggested to approach the bank who will provide you the list of documents asking indemnity bond, legal heir certificate etc. and then after submission of those documents, you may get the money of your father.
- Since, there is no one named as Nominee in the said account, hence after the death of your father without leaving a WILL etc, the said amount can be claimed by the legal hiers of your father.
- If none of the family members are having objection , then you should apply for getting Succession certificate /Administrative bound from the court.
- Some bank needs only legal heir certificate and affidavits from other legal heir of the deceased.
- Hence, firstly contact with the bank official , however generally a Succession certificate is required for withdrawing the amount from the deceased account.
- District judge is having power to issue the Succession Certificate legally.
Apply for succession Certificate, after you get the succession Certificate than on the basis of that you can operate the bank
Bank may ask for succession certificate. Have to apply for succession certificate issued by court.
From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. You can write a letter to the bank attaching death certificate of father and request for appropriate directions. It is always a good idea to file a nomination at the time of opening a deposit account. It is a facility that is available to all account holders. I have observed while dealing with such kind of cases in Supreme Court that it simplifies the procedure of settling claims of the deceased account holder for the nominee at the time of death or any time after that. Where there is no nominee or the account is not joint, the legal heir may need to produce a copy of the WILL or there has to be a succession certificate in place.
In this regard, the Reserve Bank of India (RBI) has permitted banks to fix (keeping in view their risk management systems) a minimum account balance threshold up to which claims can be settled through a simple mechanism, without insisting on production of any documentation other than a letter of indemnity.
If, however, the amount in the account exceeds the said limit (set differently by each bank), banks inevitably ask the heirs to produce onerous levels of legal documentation from the Court, such as a Grant of Probate (Probate), Letters of Administration, or a Succession Certificate to satisfy themselves of the veracity of the heirs' claims.
You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.
Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India
When there is no nomination in the account, the balance is paid to all the legal heirs.
apply for succession certificate, If the legal heirs get a succession certificate from the court, the amount will be paid to them.
I all ready request for succession certificate in court in 2018 but it is still pending. Many times judge change. After that when we meet to Judge That time he tells me that you're grand father name not written in that. That's why I can't accept to form. Again you filling your the application And singing on it. But I have 2 elders marred sister Every time they can't come again and again because they live anther city. Lawyers telling that in court submit money more than 2lk deposit for security money. Is that truth? In same bank my mother and father has joint a/c but it is deferent a/c. Is this helpful in cases.
Asked 4 years ago
1. Why was your grand father's name not mentioned?
2. Deposit has to be made towards Succession Certificate.
Your sisters can execute POA in your favour . Their personal presence is not necessary
2) you have to pay court fees for issue of succession certificate
3) act as per your lawyers advice
1. See in court you have to submit court fee applicable for succession certificate and in case you are applying for succession certificate details as per form have to be submitted if court is not satisfied court may reject same.
What is the total value of the claim amount?
The stamp duty payable shall be 3% of the claim amount.
May be there would be a maximum ceiling fixed on it.
Have you tried the indemnity bond route with the bank manager based on the genuine facts on your side
.
You can talk to the bank manager and try to get the problem resolved through alternative mode.
The court case may take a longer time
Please take power of attorney from your sister to represent them before the Court.
Please make transfer application to Chief Court of that Complex on the ground of non- effective hearing and delay in Judgment of your application under Succession certificate matter.
Please ask the basis of deposit of INR 2 lakh from your Advocate.
Please make application for expediting your pending matter before the Court .
It's not so cumbersome process. Change your advocate.
Security Money is not to be deposited anywhere....
Fee have to be paid in court....that fee is something around 2 to 3 % of the amount in bank accounts
Take Power of Attorney from your Sisters and proceed.
Probably there was a mistake in not writing your Grand Father's name, correct it and resubmit it.
Yes, you lawyer is correct, deposit the same and proceed.
Bank account of your mother is irrelevant
Court don't take any such monies. You need to only pay court fees for the same
- Since you get permission from the judge to refile the application , hence you should file the same after correcting the details.
- If sisters are unable to appear before the court, then they can give SPA/GPA in favour of any relative to approach the court , and to give their statement for No objection.
- However, they will have to come once for giving their statement , if they dont have any objection .
- Yes, at the time of preparing the succession certificate , court will order some amount court fee ,
Your lawyer is in capable. Secondly, your sisters presence dose not require all the time. Not much to do for issuance of SC. Court issued public notice and when no objection rasie by any, SC issued.
For issuance of SC, court fees may have submitted at the time of filing petition in court. No extra fees payable.
Dear Sir,
You are suggested not to go by words of any middleman/tout and always consult the authorised persons only. Also, the said joint account will be of use for verification by the bank.
You should ask for exemption for the sisters. Court fee has to be deposited. Bit that cannot be 2 lakhs.
your sister can execute POA in your favor. power-of-Attorney holder who is authorized to appear on behalf of the party can appear.
Court Fees is around 2.5% of the total is levied as court fees, which is payable at the time of granting certificate. The court fees varies from state to state..
1. You need to obtain succession certificate from court to get money deposited in account of your father.
2. You need to mention complete details of your father in petition for succession certificate along with his death certificate of your father and list of all legal heirs.
3. Yes you need to deposit court fees for getting succession certificate.
