Succession/legal heir
Naveen Kanth Dasari
(Querist) 13 September 2017
This query is : Resolved
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.
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.
Guest
(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.
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.
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.................
Guest
(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!
Guest
(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.
Guest
(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?
Guest
(Expert) 21 September 2017
Another meaningless post made by Mr. Kumar Doab.
Guest
(Expert) 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.
Rajendra K Goyal
(Expert) 29 September 2017
Expert Isaac Gabriel,
Some of the experts on this forum are in the habit of commenting on others only, have to bear the situation till changed.
It seems their only motive is to force some experts say good bye to this forum.
Some of senior experts have already left the forum. Expert Ajay sethi, , prabhakarsingh ji, Devajyoti Barman ji, Anirudh ji, ADVOCATE DEFENSE, Expert Arunagiri ji, Advocate Kannan ji, are prominent in the list.
Such experts have continuously and many times commented on expert Dr. J.C. Vashishta ji, Expert Kumar Doab ji, ADVOCATE DEFENSE.
One of such expert had raised doubt regarding gender of expert Devajyoti Barman ji and myself. This is extreme situation of shame for them
There is continuous struggle between such experts who want to close this forum and those who wish the forum must survive.
God bless the experts / people who dare to say guilty others while self is full of evils, seems no goodness / quality in them and want to target this forum.
Guest
(Expert) 29 September 2017
The Child need not cry if it obeys the teachers and elders
Guest
(Expert) 29 September 2017
Misuse of an innocent child's photo should be avoided.
Guest
(Expert) 29 September 2017
Child Abuse Cases are increasing and severe action to be taken on such culprits.
Guest
(Expert) 29 September 2017
Mr. Rajendra K Goyal,
If you don't mind, you may better see your own position, where do you really stand. I had a lot of respect for you, but sorry to mention, you are losing that respect in my mind due to almost all of your own wasteful and meaningless posts and blind support for a fake expert, Mr. Kumar Doab..
You should be aware of the real cause of some of the prominent experts having left the forum. That was only on account of the habit of some of the experts tending to confuse the querists due to posting multiples of their vague, misleading and wrong advice that too over and above the right advice of those experts.
See your own example, you have risen to the top of the forum only by virtue of quite vague, uncalled for and useless posts, where the real top ranking expert, Mr. Raj Kumar Makkad has totally stopped rendering any advice to the querists. Another example is that your own associate, Mr. Kumar Doab, who has not used even his real name and is appearing with fake identity, is also in the race of rising even above you in the hall of fame by making multiples of merely abusive, vague, useless posts and misleading posts. Every time whenever asked about clarification on his identity or the purpose of making such posts, he responded only with abusive posts, instead of making his own position justified. In fact, the LCI has been used by both of you as a race course to get your names placed at the top of the hall of fame with wrongful intentions, rather than enhancing your reputation as real experts.
Even in your own case, you have hidden your face behind a 2'years old infant. A question arises, what reputation, as expert, you can gain, if the querists see a milk sucking infant advising them, instead of real you?
Not only that, a reader may or may not like your post, both of you have started liking each other's wasteful meaningless posts. So, do you believe that by this style of unethical tactics of both of you can help any of you to get your image developed as real experts?
Your comments, there is continuous struggle between such experts who want to close this forum and those who wish the forum must survive" is quite strange. Definitely, the forum would close when forum continue to continuously allow your associate like fake expert and the querists with real problem would prefer to land on some other forum from where they can get some realy practical solution to their problem.
Better make a review of your own position before making comments on other experts, as instead of being a realistic expert, you have also adopted the same policy of your associate, Mr. Doab. How much you can gain or lose by following him, only time will tell. I am sure, once your own real life clients see your contributions in this forum, they would also lose trust on you after seeing most of your vague posts behind which even your contribution with any real advice would get camouflaged conveniently.
Anyway, best of luck!
Isaac Gabriel
(Expert) 29 September 2017
I bow to the opinion expressed.My humble feeling is, the queryist must not be anonymous.But the reply must be relevant explicit, and devoid of the subject. If any element of misguiding noted, other experts hasten to fall in and correct it with their expertise/ knowledge. I once again request to avoid mudslinging and belittle anybody who come forward to respond to the query, and plead the Administration to interefere..
Kumar Doab
(Expert) 29 September 2017
In this thread also, as usual, IT=@PSD from all of IT's=@PSD' multiple fake ID's including those are blackened/blacklisted/shunted down ,.......have posted nothing other than IT's=@PSD' DAILY TRADEMARK TAMASHA (IT's own favorite terms) per IT's=@PSD' DIE HARD HABIT (IT's own admission).
From day1 IT=@PSD from all of IT's=@PSD' multiple fake ID's including those are blackened/blacklisted/shunted down ,.......has committed nothing but................POLITICS at LCI.
Other portals where LCI EXperts have joined won't take IT=@PSD.
IT=@PSD knows it.
Kumar Doab
(Expert) 29 September 2017
In this thread also IT's=@PSD's contribution from all of IT's=@PSD's multiple fake ID's is ..............NIL, ZERO.
Today also IT's=@PSD's contribution from all of IT's=@PSD's multiple fake ID's ..in all threads at LCI is ..............NIL, ZERO.
Guest
(Expert) 30 September 2017
From the latest two posts of Mr. Kumar Doab, anybody can guess the mental state of Kumar Doab.
Kumar Doab used his code word IT=@PSD 12 times in his two vulgar, meaningless small posts.
Earlier also, he uses this code for a number of experts and querists, but even on asking several times earlier he never clarified for what he uses such code. Is it not true that he would have passed some special message to his terrorist outfit to assassinate the person indicated through his code word? Is that aimed at me, Shri Rajendra K Goyal, Shri N.J.S Rajkumar, Mr. Dhingra or Shri Isaac Gabriel, OR else the querist, Shri Naveen Kanth Dasari, who has not yet liked any of your earlier 11 posts due to their sheer vagueness?
If Mr. Kumar Doab is sane, he must clarified for whom and for what purpose, he uses the aforesaid code word. Otherwise, I am also of the opinion that he needs some urgent attention of some psychiatrist.
