You can make an application to court for amendment of succession certificate under section 378 of Indian succession act
My father bought Mutual fund and mom was Nominee... My mom died in 2021 ..my father gave nominee change instructions in 2021...but company rejected citing reason of sign mismatch...my father was not aware....now my father as died in 2024.... I am only son...I was not aware of this name mismatch thing....I got court SUCCESSION certificate with other policies mentioned in order but this policy was not mentioned as I was unaware... Not mutual fund asking succession certificate once again with its policy also should be mentioned in certificate. What can I do?
You can make an application to court for amendment of succession certificate under section 378 of Indian succession act
In succession certificate it is often mentioned that apart from mentioned assets this certificate is applicable to other assets as well , even if not mentioned.
So inform the Bank on this line. Otherwise lodge complaint with Banking Ombudsman.
You can again approach Court for succession certificate giving all facts as to how you failed to mention mutual funds in application for succession certificate, Court will give such certificate.
If this mutual fund certificate number was not included in the list of properties in the application for succession certificate then the company is well within their rights to reject your application for transferring the funds from your deceased father's account to your names without a valid succession certificate from a court of law having a proper mention about the said mutual fund details.
You may have to approach court once again to get a fresh succession certificate including the details of this left out mutual fund.
please file an amendment application in your petition for grant of succession certificate to amend the schedule of assets to include the missing policy therein
the amended certificate can then be submitted to the company which would then release the units/funds to you
- Since, the details of this mutual fund was not provided by you at the time of obtaining the said succession certificate then you will have to file a separate petition for getting succession certificate .
Since the mutual fund company is asking for a succession certificate specifically mentioning this investment, you have the following options:
Since you already have a court-issued succession certificate, you can file an application in the same court requesting an amendment or supplementary succession certificate to include the mutual fund.
✅ Steps:
Sometimes, mutual fund companies accept an indemnity bond + legal heir certificate if a succession certificate is unavailable.
✅ Steps:
If the mutual fund company is strict and does not accept an indemnity bond, you will have to file a new petition for a succession certificate for only this mutual fund investment. This will take some time (3-6 months depending on the court).
🔹 First, try to amend the existing succession certificate (fastest option).
🔹 If not possible, ask the mutual fund company about alternative documents.
🔹 If nothing works, apply for a fresh succession certificate.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
Dear Client,
Your case deals with a discrepancy in the court-issued succession certificate in which the mutual fund policy was omitted. It was not included due to a rejection of a nominee change instruction owing to a signature mismatch. As you are the only legal heir, you ought to first approach the mutual fund company with an existing succession certificate and an affidavit explaining the circumstances which were responsible for the nominee change instruction being rejected. The affidavit should state that your father's instructions could not be executed due to a technical issue and that you were unaware of the signature mismatch at that time. In case the company still requires a new succession certificate in your name, you have to make an appropriate application to the court for its rectification to include this policy, which was omitted. I suggest you hire a lawyer who will help you draft the affidavit and court application.
Hope this helps. Feel free to reach out for any further legal query.
Since the mutual fund company is insisting on a succession certificate that explicitly mentions the concerned mutual fund policy, you have two options:
Apply for an amendment or clarification: If your succession certificate is recent, you may approach the same court that issued it and file an application for amendment or clarification, requesting that the mutual fund policy be included. You may need to provide proof of the investment and your father’s ownership.
File a fresh succession certificate application: If an amendment is not feasible, you will need to file a new petition in the appropriate court specifically for the mutual fund policy, demonstrating that you are the sole legal heir. Since the first certificate was already granted for other assets, this process may be expedited based on your existing legal heirship proof.
Additionally, you can try explaining the situation to the mutual fund company and check if they accept an indemnity bond and legal heirship certificate instead of a fresh succession certificate. Some financial institutions allow this in cases where legal heirs are undisputed.
You have to file will copy or family settlement if any in your favour otherwise succession certificate may be needed