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Succession certificate - court fees - when payable?

(Querist) 09 January 2016 This query is : Resolved 
Respected Sir,

I live in Tamil nadu.

I wish to apply for succession certificate to claim my share of my late father's bank deposits.

Court fees comes to around Rs 10000/- (rupees twenty thousand only).

Can I file my case now, and pay the Court fees at the time when Court orders the issue of succession certificate?

Look forward to your valuable replies.

Eshwari
Devajyoti Barman (Expert) 09 January 2016
The court fees differs in every state. So it would be better if you take help of a local lawyer. In many states the court fees is permitted to be paid when the succession certificate is issued.
Rajendra K Goyal (Expert) 10 January 2016
For Bank deposit you need not to take succession certificate. You can withdraw the deposit by submitting application, legal heir certificate, stamped affidavit from person known to Bank, acceptable indemnity, identity proof of all, proof of deposit (pass book, fix deposit receipt etc.). If more than one legal heir, get renunciation letter from other legal heirs.

The expenses may be less than 500/-. This is as per RBI guidelines.
kavksatyanarayana (Expert) 10 January 2016
Agreed with the advise of expert Mr.Rajendra k goyal sir.
K.S.Srinivas (Expert) 23 January 2016
I go with the expert Sri Rajendra K Goyal.
Ms.Usha Kapoor (Expert) 22 August 2016
Dear Client,

Since your father died intestate you need to obtain succession certificate by paying a fixed court fee in the form of application attaching the death certificate and any other legal heirs there etc to a competent court. The court after due inquiry along with issuing a Newspaper notification of 45 days invites objections from other legal heirs or anyone having objections to the issue of succession certificate to you. Here competent court means District Court. Once
you possess the succession certificate you can on production of the succession certificate to the bank will get issued your late fathers FDs. No need of any furhter court proceedings.


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