• Succession certificate

What is the court fee for succession certificate in kolkata.My mother took her last breath in Bangalore but she was staying in KOLKATA.Where should I do the succession certificate to claim her property.In case of FD She did not appoint Nominee in one bank whereas others have nominee.what should I do?
Asked 11 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) court fees for succession certificate only local lawyer can guide you 

2) you should file for succession certificate in kolkata as your mother was residing in kolkata in respect of her fixed deposits and other movable securities 
Ajay Sethi
Advocate, Mumbai
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1) nominee is only trustee for legal heirs . a nominee is only a convenience to enable the company or bank or insurance company to discharge its obligation. However, the nominee can only hold the proceeds as a trustee for the rightful heirs of the deceased whether under intestate law or under a valid Will. 

2) nomination cannot operate to the exclusion of legal heirs
Ajay Sethi
Advocate, Mumbai
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The court fee differs from one state to another hence court fee for succession certificate for west Bengal may be clarified in the local court in Kolkata.
If your mother resided more than 12 months in a place before her death, that shall become the jurisdiction for succession certificate case.
The nominee can claim the FD amount where ever there is a valid nomination.  
The succession certificate will be required where there is no nomination made. 
As per the nomination act, a nominee appointed in the bank for FD or any other purpose shall be a trust for th account holder on behalf of he legal heirs of the account holder.
The nominee shall receive the funds of the deceased account holder on behalf of the legal heirs of the deceased and shall disburse the same the legal heirs.  
The nominee cannot avail the monies for himself/herself, there is no right for nominee on it. 
The legal heirs/successors, can either issue a legal notice or can obtain an injunction against the bank from disbursing the death claim amount to the nominee if there is a rival claimant or the successors dispute and stop the nominee from collecting the monies. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Hi,
Court fee for Succession Certificate is decided under the Court Fee Act by the State Government.You have to file Succession Certificate in Kolkata either in district court or in High Court depending upon the value of the property. A nominee is only caretaker and administrator, he/she can not claim any valuable/property of the deceased.
Rajni Sinha
Advocate, Mumbai
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Succession Certificate is to be obtained from the court which has jurisdiction over the place where the assets are situated. It is immaterial where the deceased breathed his last. When nomination has been made the nominee can realize the liquid assets without obtaining succession certificate.
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
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A succession certificate is issued by a civil court to the legal heirs of a deceased person. A succession certificate is effect throughout the whole India as per section 380 of The Indian Succession Act,1925 .According to sections 381 and 386 of the Act, a succession certificate is conclusive as against the person/persons liable to whom full indemnity is afforded (make available) for payments made. But, despite the succession certificate is only conclusive of the representative title of the holder thereof as against the debtors, a suit of declaration will not lie that the holder of the certificate is not the legal representative of the deceased.

A succession certificate is necessary, but not always sufficient, to release the assets of the deceased.Succession Certificate is to be obtained from the court which has jurisdiction over the place where the assets are situated.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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If your mother indicate you be the Nominee for that Account ,then you can get the money if you satisfied the legal requirements for getting the same before post office department.
Ajay N S
Advocate, Ernakulam
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19 Consultations
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 other legal heirs can claim your mother share in post office savings certificate 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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Succession Certificate is issued only after the demise of the owner of the property to enable the legal heirs to realise the liquid assets. During your lifetime nobody can claim your savings. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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where I am having post office savings (namely MIS AND TD) jointly with my mother can other legal heirs claim that same with succession certificate
If it was a either or survivor account, then the other successors cannot claim a share in it as a right. 
The very meaning conveys that either you or your mother can avail the amount from the account in one another's absence.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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after getting succession certificate if I dont want to claim my share what should I do.
You can relinquish your claim by giving NOC or executing a relinquishment in writing in favor of other successors and duly attested by some witnesses.

.What will be the income tax law for the money which I will Get from my parents after their demise.
You may have to pay gift tax or show it as other source of income  for which appropriate income tax will be applicable. By virtue of Section 56(2), any sum of money exceeding Rs. 50000 received without consideration by an individual or an HUF from any person is chargeable to tax as income under “other sources” subject to some exclusions .
Another rule for income tax on gifts, is that any amount received from specified relatives is totally tax free in the hands of recipient.
Shall reporduce more contents related to his issue:
Following is the list of relations which are considered as “relatives” for this

Your spouse
Your brother or sister
Brother or sister of your spouse
Brother or sister of either of your parents
Any of your lineal ascendants or descendants
Any lineal ascendant or descendant of your spouse
Spouse of the persons referred  in above points
Example – So if you want to buy a house and your father/mother/sister/brother etc transfer Rs 20 lacs to your bank account. You don’t need to worry about the taxation part, because its a gift from your relatives and you will not have to pay any tax on this amount. However its a good practice to do the documentation for this, if the amount if pretty big like in this example. All you need to do is document this transaction on a paper which clearly states that who transferred the money and the reason for it, along with the signatures of both parties. In future, if there is any income tax scrutiny, this small piece of proof will be handy and will help you a lot.
When any sum of money or any property is received under a will or by way of inheritance, it is totally exempt from Gift Tax. So if you get a real estate worth Rs 50,00,000 and some other things worth Rs 30,00,000 through inheritance , you will not have to pay any tax on that amount received.



Please state if there is any need to take any precaution ,and what is that
As far as you make the transactions which can be justified, there is not much to worry, however its always a good and safe practice to document things on a paper with proper signatures. This will help you because income tax scrutiny can go back to many years of your life. The stronger your documentation and proof, the smoother will the situation be.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1) you can execute relinquishment deed or gift deed in favour of your brother or sister if you dont want any share in property 

2)before your brother in law files for succession certificate and does other legal formalities get all documents vetted by your lawyer to safeguard your interests 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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Sit quietly if you do not want to claim your share after obtaining Succession Certificate. The movable assets, to the extent of your share, will be taxable in your hands. 
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
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1) succession certificate is only for movable securities . 

2) for house you would need letters of administration as father died intestate 

3) you would need elder sister death certificate 

4) bank can make payment of the balance in the deposit account to the survivor(s)/nominee of a deceased deposit account holder 

5) you would be receiving the payment from the bank as a trustee of the legal heirs of the deceased depositor, i.e., such payment to him shall not affect the right or claim which any person may have against the survivor(s) / nominee to whom the payment is made.

6) as per RBI circular the banks are advised to desist from insisting on production of succession certificate, letter of administration or probate, etc., or obtain any bond of indemnity or surety from the survivor(s)/nominee, irrespective of the amount standing to the credit of the deceased account holder.
Ajay Sethi
Advocate, Mumbai
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1224 Consultations
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1) whether this succession certificate can be used for our fathers house also.
For claiming a share in the house property, legal heir-ship certificate from Revenue department shall be enough.  Succession certificate is for movable assets and legal heir ship certificate is for claiming immovable assets of the deceased. 



2)If one of the legal heirs is not supporting us how can we proceed to get succession certificate without him. We dont have my elder sister"s death certificate with us.
If one of the heirs is not cooperating to get the succession certificate smoothly, you may implead that heir as a respondent in the succession certificate case instead of making that heir as one among the  petitioners



3) can the bank freeze my mothers sb ac which is jointly held with our three sisters(mode of operation-either or survivor)
Bank cannot freeze the account.  If the account is 'E or S', then the bank cannot refuse payment to the survivor.  You can drag the bank to consumer forum for this illegal denial.



4) can the bank freeze the FD from withdrawing which is held jointly with me( either or survivor)
The answer for 3 above is applicable to this too.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. Succession Certificate is required only to realize liquid assets of the deceased and not the immovable property. To partition the immovable property owned by your father a partition deed can be executed among his heirs if there is an agreement on division of his property, failing which any heir can file a suit for partition to separate his share from the undivided property.

2. Any legal heir is at liberty to file a petition for succession certificate. 

3. The joint account cannot be frozen. 
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0

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