• Bank savings, deposits as FD and PPF account

My father expired on 20/4/21 and then mother on 28/04/21 due to covid. 

My father had following savings. 
1.) Sbi branch X- saving account 1 lakh and net FD of 25 lakh and PPF account 3 lakh. 

2.) Sbi branch Y- Saving account 4 lakh.

3.) Sbi branch Z- Saving account 1 lakh. 

In all branches of SBI,nominee was my Mother(who is also Expired).

Other than that-In SBI branch X, we 3 siblings are nominee for his hard copy of FD worth 40 lakh. (i think this we can claim easily as we r nominees). 

How can i claim this money in point 1,2,3 in easy way ?? It is in hands of Sbi that they definitely give us money without insisting succession certificate( as per their e-circular and RBI guidelines,irrespective of amount involved. 

 Moreover, What r charges (court fees and lawyer fees) of Succession certificate in UP for 30 lakhs money in bank??
Asked 5 months ago in Property Law
Religion: Hindu

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14 Answers

Unless bank receives any objections, it will permit you to withdraw the deposits as you nominee for hard copy. For succession certificate  of 3L the fee will be substantial. For exact figures you have to contact local lawyer.

 

Ravi Shinde
Advocate, Hyderabad
1494 Answers
18 Consultations

5.0 on 5.0

Legal fees vary depending upon lawyer engaged by you 

 

court fees would be around 8.75 per cent in UP 

 

bank may insist on succession certificate 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

Obtain a legal heirship certificate from the office of the Tehsildar. For this, the bank should give you a requisition/covering letter, they they want legal hearship certificate for disbursal of payment to the legal heirs. 

A local Advocate will help you with this. This should do away with the requirement of obtaining a succession certificate. 

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
215 Consultations

5.0 on 5.0

A succession certificate must be obtained from the district court by filing the details of the bank and the account no. And amount along with the shareholders.

Engage a lawyer for this purpose.

Regards.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

Dear Sir/Madam, 

A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act.

Court fees to obtain a succession certificate is  3% on such amount or value, provided the certificate is granted under Succession Certificate Act,1889. So for 30 lakhs, the court fee would be around ₹30,000/-

Lawyer fee for obtaining succession certificate maybe range anywhere between ₹50,000-₹70,000/- 

All the children of your parents become beneficiaries in obtaining the succeession certificate and thus the amount shall be divided between you three siblings. 

TO CLAIM MONEY: 

IN THOSE BANK ACCOUNTS WHERE YOU ARE NOT A NOMINEE: 

1. You need to obtain a succession certificate and provide it to the SBI branch

2. Provide the death certificate of your parents to the SBI branch 

3. Provide your ID proof 

4. Provide bank account details of your parents. 

5. Submit a cover letter in furtherance of the same

 

IN THOSE BANK ACCOUNTS WHERE YOU ARE A NOMINEE: 

1. No need for a succession certificate if you are a nominee

2. Submit a cover letter to the SBI bank

3. Submit the death certificate of your parents 

4. Submit original FD's 

5. Submit ID proof of all three siblings

6. Submit bank account details for the transaction to take place 

Thank you

  • If you like my answer, please give a good rating and leave a review 

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

How can you calim money in easy way.

1. If you have death certificate of your father as well as mother you can directly visit the banks where nominees name are mentioned and present the Death Certificate, then the money will be transferred to your account. 

2. Where the nominee is not mentioned there you need to produce a succession certificate, and lawyer charges 20,000/- plus expenses for any amount, where court fees maximum ceiling is 8.25% upto 5 lakhs and then remaining @ 8.75%, that will be borne by you. 

Yes RBI says that where there is no legal dispute, there the banks should not force for Succession Certificate, but banks don't have team to get it checked whether there are any legal dispute within the party. Thus they demand Succession Certificate on which they rely and take decision to transfer the amount and account. 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

- As per rule, if  there is nominee in the account, then the bank is bond to pay the amount to the nominee, just after submitting certain proofs of his identity. 

- A nominee is not essentially the legal heir of the deceased . A nominee and legal heir can be different individuals.

- Since, 3 siblings are nominee in the FD , then they can claim FD amount from the bank after submitting their identity and address proof .

- Further, as mother already died , the after the death of parents , all the legal heirs can claim the amount legally. 

- However for claiming this amount , bank can ask Succession certificate from the court. 

- For getting succession certificate , after getting the direction of the court , you will have to pay 2% of the claim amount , and further lawyers fees is not fixed. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

-   Where you are nominee then no issues, its quite easy. No succession certificate is required.

 

-   Where you are not nominee then succession certificate is required and must.

 

-   The Fees depends on lawyer and city.

 

-   Along with lawyer fees, there will be court fees as well.

Ankur Goel
Advocate, Bangalore
355 Answers

4.9 on 5.0

1. If there is no unanimity among the legal heirs how to claim the assets then it is advisable for apply for Succession Certificate.

2. While applying such succession certificate all the legal hers must join together so the amount is divided among them equally  by the order of the court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

If the bank is insisting on the succession certificate then you may have to obtain the same through a court of law. 

However in general banks do not insist the succession  certificate and they would ask you to furnish an indemnity bond indemnifying the bank against the losses or a litigation in this regard in future. 

You may talk to the bank manager  and convince him by producing the legal heirship certificate obtained from the revenue department to prove the actual legal heirs and request him to disburse the claim amount on the basis of  the indemnity bond or any other legal requirement to be complied by you people in this regard other than succession certificate. 

It will take years to obtain succession certificate through court of law.

The court fee for succession certificate would be 3% for the amount and you may have to pay an additional 3% towards the stamp duty besides the lawyer' fee  which would depend on the lawyer you may engage. 

You may enquire the proper details from a local lawyer. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

The maximum court fee will be approx 75000 and lawyer fees will be additional

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

1. You can realise the FD where he has nominated you, but where you have not been nominated you will require Succession Certificate from the court to realise all the liquid assets.

2. Only the lawyer can whom you propose to engage can tell you what his fee would be, whereas court fee varies from one state to another. Engage a local lawyer.

Ashish Davessar
Advocate, Jaipur
30751 Answers
919 Consultations

5.0 on 5.0

Dear Sir,

 As per rules the bankers requires Succession certificate. Please check with local Lawyer about Court fee.

Kishan Dutt Kalaskar
Advocate, Bangalore
6010 Answers
321 Consultations

4.8 on 5.0

 for succession certificate you need not to disclose the property to be claimed by the certificate you can simply get this claim your properties accordingly.

An advocate who is practicing in District Court may help you to get this certificate

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

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