Succession/legal heir

 

(Querist)
13 September 2017

Hello Experts,
I have a query regarding Legal Heirs/Succession.
I got a case as my wife died in 2016 and during her lifetime we were blessed with a daughter. And also my wife had left behind a notarized property and some money in her bank & PF accounts.
Now the question is how to claim the money as the bank had asked for family member certificate. Do i have to file a Suit for Declaration as Legal Heirs or Suit of Succession Certificate. And as far as i know i have make my daughter as a party to the suit as well. And what is the difference between Legal Heir Certificate, Succession Certificate & Family member Certificate. And if i get a Legal heir Certificate from the court will it be valid to claim Money and Property.
Plz advise.

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Rajendra K Goyal (Expert)
13 September 2017

Whether any nomination existed in the account, if so, nominee can claim the balance from the Bank.

You can submit set bunch (i.e. application, affidavit, Id proofs etc) for claiming the balance from Bank or can obtain succession certificate from court to claim bank balance. It would cover PF also, in absence of nomination.

Notorised property documents are not acceptable legally.

N.J.S.Rajkumar alias narasimha (Expert)
13 September 2017

Mr.RK Goyal you should avoid insulting the innocent querist posting as Anonymous as you your self remain as Anonymous with out any profile or details about your self please

Naveen Kanth Dasari (Querist)
14 September 2017

Mr. R.K. Goyal thanks for yours advice, but i want to get the property registered on my daughters name as well, so how can i do that as at present the property is on Notary.

Naveen Kanth Dasari (Querist)
14 September 2017

need more suggestions

Kumar Doab (Expert)
15 September 2017

LCI Expert Mr. Rajendra K Goyal and all senior experts had duly agreed and AQ is not replied.

NO more discussions and time wastage on it.
The query is NO AQ.

Kumar Doab (Expert)
15 September 2017

For Bank FDR; Agreed with Mr. Rajendra K Goyal............


Kumar Doab (Expert)
15 September 2017

Similar queries have bee discussed and illustrated in many threads at LCI...
You may carefully go thru:

RBI Master Circular on Customer Service in Banks;19,20


https://www.rbi.org.in/scripts/bs_viewmascirculardetails.aspx?id=9008

Did the bank a/c has nomination...........?
If yes follow rules on 'Deceased Depositor' a/c framed in accordance with RBI guidelines that should be available on bank website and in bank.
The rules & claim form is self explanatory.

Kumar Doab (Expert)
15 September 2017

GO thru;

20.1 Accounts with survivor/nominee clause

Kumar Doab (Expert)
15 September 2017

If there is NO nomination;

Go thru;

20.2 Accounts without the survivor / nominee clause

If the amount is within min. threshold limit bank may agree to pay on submission of mentioned docs.........

Kumar Doab (Expert)
15 September 2017

PF; The deceased employee and establishment must have registered nomination.
Nominee can apply for claim.

Go thru PF rules of the establishment and EPFO if the a/c is with EPFO.
Is the a/c with EPFO!

Kumar Doab (Expert)
15 September 2017

Notarized property: It is between the title holder and chain of persons that have exchanged hands and per clauses of extent agreement that has been signed.............

If there is NO difficulty the owner may easily agree to register in the name of legal heirs..............

Kumar Doab (Expert)
15 September 2017

It is believed that you are all Hindu and the deceased wife has not left any valid WILL.

In case of Hindu woman the nature and source of property matters.

If it is her absolute/self acquired property then 1st right is of her (surviving) husband, sons, daughters...................

Legal heir certificate is issued by O/o Tehsildar.

Check at you location with O/o Authority under whose jurisdiction property/estate falls; what is their requirement; and what is issued at your location; Family tree/member certificate, legal heir certificate, LOA, succession certificate...........




Kumar Doab (Expert)
15 September 2017

In case of bank/EPFO; Nomination if registered can suffice..............If you are nominee you can deposit the daughter's share and maintain records...............

If there is NO nomination in Bank then try under Min. Threshold limits and agree to sign Indemnity Bond, provide surety(ies) and close the matter...........The claim form has provision for narration of legal heirs and since daughter is minor bank may agree to pay you per its satisfaction ...............Try with higher officials, if required.

Or agree to tender say; legal heir affidavit/certificate as acceptable.

Has bank asked for succession certificate....?

The bank may sent the matter for legal opinion from its legal cell and later advise you.

Naveen Kanth Dasari (Querist)
15 September 2017

The bank had asked for Family Certificate

Isaac Gabriel (Expert)
16 September 2017

The Family certificate is nothing but a legal heir certificate with legal heirs issued by the jurisdictional Tahsildar.

Kumar Doab (Expert)
21 September 2017

I also feel that at your location bank should not decline to accept legal heir certificate.

Per claim form and its rules it may even agree if say;Local Municipal Councillor confirms family details.................


JIGYASU: Legal Analyst (Expert)
21 September 2017

OMG, 10 continuous posts made by Mr. Kumar Doab, but with no definite opinion or advice by him to the querist, as against a single post of the querist!

JIGYASU: Legal Analyst (Expert)
21 September 2017

Nothing can help you, as against the prescribed rules and procedure of the bank. Better rely on the advice of the bank. They have to make sure that the money should not go in the hands of any ineligible wrong person.


Kumar Doab (Expert)
21 September 2017

Above Last post by IT=@PSD's many of multiple fake ID's i NO contribution in this thread also.

In this thread also IT's contribution is NIL, ZERO.




JIGYASU: Legal Analyst (Expert)
21 September 2017

Can you clarify, what wrong you could find in the advice of the bank and decided to file a suit in the court of law, as against the advice of the bank?



JIGYASU: Legal Analyst (Expert)
21 September 2017

Another meaningless post made by Mr. Kumar Doab.

Dhingra, 1962dcg@gmail.com (Expert)
Click to Talk
21 September 2017

IT=@Kumar Doab,

Feeling of Mr. Kumar Doab, as against the legal requirements has absolutely no relevance, as he very vaguely said, "I also FEEL that at your location bank should not decline to accept legal heir certificate,"

Mr. Kumar Doab may better state, what he knows about banking laws and procedure? He just pokes his nose everywhere, when he does not know even ABC of law.

Isaac Gabriel (Expert)
22 September 2017

Opinion may differ.But it is not advisable to hurt the feelings of experts.Whether right or wrong use gentle words and avoid fissures.



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