Succession certificate
Manish
(Querist) 01 October 2014
This query is : Resolved
Hello Sir(S),
Please help me the query below -
My mother has an SB account and a locker with SBI. Both of them were not having nominations. Not sure as nomination should be made mandatory, but thats not the case in SBI (personal experience). Unfortunately, my mother expired 8 months back.
Now when we try for the SB account, bank is having the process ready and we can get the money etc in that (not taken yet). But at the same time, the locker is linked to the bank account and no-one from bank(including Branch Manager), the SBI customer care, the bank linked lawyer is able to give me the procedure or documents required to get the contents withdrawn from the locker.
Sometimes, I am advised to get succession certificate, sometimes they say letter of administration. Currently, the new lawyer whom we contacted, informed us that Letter of succession will do, but I am confused now after reading the query at -
http://www.lawyersclubindia.com/experts/Section-372-of-indian-succession-act--480756.asp#.VCwlGB0ybfs
So please advise me if succession certificate is enough to get the contents from the locker or if not, what is the procedure and what all documents are required so that I can get the contents of my account. Here, "I" refers to my father who is alive and is the applicant.
I cannot update the above link as I am not an expert. Hence opened a new thread. Please forgive me for that.
Manish
(Querist) 01 October 2014
Additionally, we have already been running around to the Branch and various lawyers for the last 7 months and no one is able to provide us a clear path. Both the SB account and locker does not have nomination. Puzzled as my mom always used to tell, wherever we will go depositing / withdrawing contents from the locker that my Wife is the nominee for the locker.
Raj Kumar Makkad
(Expert) 01 October 2014
You have already been provided with the detailed reply by Kumar doab in your previous post, the relevant para of which is re-produced hereunder:
Access to the locker may be permitted to the legal heirs on production of satisfactory evidence to inspect the contents of the locker which may be delivered against the following documents.
1. Death Certificate ((Duly certified as mentioned in 1 (i)
2. Claim application in the prescribed form no.33, consent letter of all other claimants (available with the branch)
3. Succession Certificate / Probate of Will / Letter of Administration.
4. A form of inventory of articles left in safe custody with the bank form no.350
5. A form of inventory of contents of safe deposit locker hired from the bank.
(Appendix II)
6. Stamped receipt / discharged safe custody receipt or receipt for delivery of securities pledged to the bank. (in case so applicable)
In exceptional cases, where the contents of the locker / safe custody articles are not of great value / importance, the heirs of deceased rental may be allowed to access to the locker and withdraw the contents against usual indemnity in addition to above documents except Succession Certificate/ Probate of Will / Letter of Administration (Request letter to be submitted by legal heirs as per Appendix-I)
The above requirements are as per the existing guidelines of the bank and are subject to change from time to time.
Rajendra K Goyal
(Expert) 02 October 2014
Ask the Banker to follow the procedure given in their internal guidance book by learning center Hydrabad for settlement of claims of deceased constituents. Required forms are also available in the booklet. a broad procedure is as follows:
An inventory of Safe Deposit Locker should be prepared in the presence of two officers of the Bank and two Independent Witnesses (one of them being a Notary Public, if available) and in the presence of the claimants who should affix their respective signatures on the inventory report. Value of the contents should be ascertained.
The claim should be settled as per the value of the ornaments. The claim is to be handled as deposit accounts forms to be used be modified accordingly.
(Courtesy: information received from SBI)
No need to get succession certificate in general cases.
ajay sethi
(Expert) 02 October 2014
agree with experts
Manish
(Querist) 03 October 2014
Hello Sir,
Thanks for all your response. I wanted to conform that below are the documents, which are required and then the locker can be opened in presence of two branch official, two witnesses and the clamaint -
a) Death Certificate / copy attested
b) claim application, by claimant being my father
c)Succession Certificate wherein the successor, being my father, as myself and all my sisters have agreed for the same.
4) inventory form which will be prepared by the bank while disbursing the contents to us.
Apologies, but i got confused as the thread mentioned in the end by requester that Succession Certificate would not be sufficient and only Letter of Administration is valid.
T. Kalaiselvan, Advocate
(Expert) 06 October 2014
@Author:, your confusion if not not cleared will remain to confuse you more and more, hence first get into action as suggested, if you are struck somewhere, you can approach this forum once again seeking clarification on the developments. First of all execute the suggestion given to you.
