If father has left a will apply for probate  of will 

it applies for both movable and immovable property 

in schedule mention details of his bank accounts,car ,immovable property 

you dont need succession certificate 

Dear Client,

to get succession certificate, you need to go to the nearest Taluk or the Tahasildar office. The applicant can also approach a District Civil Court in the area to apply for the certificate, Receive the application, Enter the Details, Attach the Documents, Submit the application. On submitting the application, the local revenue officers and village administrative officials will verify the application. On completing the procedure, the applicant can obtain the certificate. it requires minimum 14 days to issue the certificate.

A succession suit will have to filed in the Court under the Indian Succession Act.

Court Fee on this suit has to be based on the valuation of the movable assets against which the succession certificate is sought.

Whole process could take about 5-6 months roughly.

Regards. 

Yes for succession certificate you need to file petition in court for the same

1. Issue a written representation to bank seeking withdrawal furnishing death certificate of father.
2. Request bank to give rejection of withdrawal in writing.
3. Submitting rejection by bank, death certificate, address of all legal heirs, proof of legal heirship like aadhar apply to District for succession certificate. Court will issue notices to all legal heirs and also direct public notice in local newspaper of the application. Court fee for obtaining succession certificate is around 6 % of deposits.
4. With consent of all legal heirs, succession certificate will be issued to you. The whole process will take about three months.
5. Furnishing the succession certificate to bank deposits can be withdrawn, submitting the same to RTA vehicle can be transferred in the name of purchaser.
6. probate of will is not required in Delhi. 

A petition/suit  has to be filed in concerned District court by your mother against State of NCT, Delhi and legal heirs of your father giving details of all the bank accounts etc.   On admission of the petition, the concerned court issue direction/summon to the SDM concerned, publication in newspaper, summon to legal heir of your father and summon to bank with record of the bank, etc.  On the date of hearing, statements of all the parties would be recorded and thereafter final arguments would be heard.  Finally, the court would pass the order for Succession certificate which would be issued on making 4% court fee on the amount claimed. The process may take 3 to 6 months depending upon the progress/follow up of the case thoroughly.   I hope this would suffice your query. 

Where there is a genuine Will, there is absolutely no need for any succession certificate. Send them legal notices demanding necessary action based on the Will. In the case of default, file a suit in consultation with your lawyer.

- If this WILL is simply written in the presence of two witnesses , then bank may not consider for the same , and may required a Probated WILL. 

- Hence, if there is property sharing mentioned in the WILL , then you can apply before the Court for getting probated said WILL , and it will be dully accepted by the bank and also it can used for transfer the property in the name of beneficiary.

- A succession certificate can be used to receive the fund from the bank only , and you have to file a petition before the District judge in Delhi for getting the same. 

- You can contact me , for further suggestion. 

You cannot get a succession certificate by filing any document from court 

It is another regular case which has to undergo due process of law in its entirety.

You may approach a local lawyer and file a case seeking succession certificate as per provisions of law.

Death certificate of deceased father 

2) schedule of property in respect of which succession certificate or probate is sought 

Succession certificate is required only for movable debts and securities ie bank accounts ,shares ,car etc 

if there is will then you require probate 

it should mention details of immovable property and movable assets like bank accounts,shares etc 

if said details are mentioned bank and agents would accept it 

For filing a succession certificate case before court, you need to possess documents against which you would require this succession order.

You can make ready the copies of all the documents pertaining to bank accounts, fixed deposits or share certificates etc, besides you need a death certificate and a notarised genealogical tree certificate.

You can consult a local lawyer who will specify the details of any additional documents that may be required based on the facts of the case.

When deceased father has left a will you have to apply for probate and not succession certificate 

2) executor applies for probate of will 

3) legal heirs apply for succession certificate 

If your father had bequeathed the properties including movable assets to your mother and there is a specific mention about the movable properties with details therein, then she can get the Will probated after which she can make a claim for the said properties based on the probated Will.

If they still refuse then you can drag both of them to consumer forum seeking additional compensation for the deficiency in their service. 

Whether the succession certificate or the probate of Will, you have to approach court competent only.

You cannot get  the succession certificate from any government agency.

In either of the case the respondents are you and your brother, and you people are going to submit to the decree, hence both the cases will take more or less the same time.

The case seeking grant of probate of Will has to be filed by the beneficiary of the Will, the other legal heirs can be impleaded as respondents.

However the succession certificate has to be filed by all the legal heirs together (provided if all of them agree), 

When there is a Will subsisting to distribute the said properties, the succession certificate would not be necessary.

Following document  are to filed of succession certificate…

1. Death certificate.
2. ID proofs of all legal heirs in proof of relation with deceased.
3. Copies of passbook/s document of vehicle.
4. A probated will is required for division of properties as wished by deceased.
5. Succession certificate divides as per provisions of  
6. Obtain succession certificate if all legal hirs have no dispute regarding division of  
7. Any beneficiary of will can file will for probate.
8. Any legal heir can seek succession certificate.

If father has left any house then apply for probate 

it is necessary to peruse will of deceased father to advice further 

If the Will specifies the details of the bank account balance and the disposal of car to the beneficiary and the Will is a legally valid then the beneficiary of the Will is entitled to acquire the bequest made in the Will, which the bank or the car agent cannot deny.

The bank or the car agent are not the law or court to decide about the position of law involved in this.

If they refuse to recognise the probate of Will as a legally valid document, then you can drag them to consumer court for deficiency in service because they act on their own whims and fancies without adhering to the law of the land and also have committed deficiency in service to the customer.

You are absolutely wrong 

apply for probate 

in schedule give particulars of all his assets ie immovable property,bank accounts,car etc 

If you furnish improper or incorrect information while seeking advise/suggestion/opinion, then you are tend to get misleading information only.

If there is no specific mention about the details of bank account balance and the car in the Will then the process of getting the probate of Will  would not serve any purpose.

Therefore you may better apply for succession certificate a per due process of law.

Yes

You have found your late father’s will which is not registered. Since you have unregistered WILL you need to apply for probate. You can include all the other assets i.e Bank Accounts or any other immovable property which is not there in WILL

Why you need Succession Certificate when your late father has already written Will?

Just FYI, it takes minimum six months to get  a Succession Certificate and Probate a Will from High Court of Bombay.

Dear Client,

Banks and financial institutions ask for a succession certificate when releasing funds to a certain nominee who might not be registered as the legal beneficiary. so getting succession certificate is needed.

- Your mother can only apply for Probate of WILL , and not sons during her life time. 

- Succession certificate can be filed by any of the heirs, however if you want to name mother , then she should file this petition , and NOC from sons is necessary for getting this certificate. 

- As per law, registration of a WILL is not mandatory , and it can be written on a paper in the presence of two witnesses. 

- Since this WILL not contains the details of bank fund  then a succession certificate is needed for getting same.