Succession certificate
Uma
(Querist) 22 March 2018
This query is : Resolved
Can a minor son file a succession suit directly (father died, mother absconding for over 12 years but no missing complaint had been filed)? Minor son has an elder brother and one elder unmarried sister.
Vijay Raj Mahajan
(Expert) 22 March 2018
Who's the guardian of the minor through whom the minor file suit for succession?
What's the ages of the elder brother and sister of the minor?
Property/estate of the deceased father in absence of their mother, devolves over to all the children in this case each getting one share each.
The Succession/Heir certificate can be obtained from the SDM office of the district by adult siblings or someone else on their behalf who is their close blood relative.
Uma
(Querist) 22 March 2018
Thanks for replying sir.
Sir the age of elder brother is 20, unmarried sister is 19 and that of minor is 16.
Does elder brother need to be appointed guardian by a court separately before filing succession suit?
Ms.Usha Kapoor
(Expert) 23 March 2018
Yes, elder brother needs to be appointed guardian of his other siblings including his minor sibling under Hindu Minority and Guardian Act r/w Guardian and Wards Act before filing succession suit for equal and equitable distribution of property by the court.
R.Ramachandran
(Expert) 23 March 2018
It is not clear why do you need a succession certificate?
Whether the deceased father/mother had left any bank balance etc., without Nomination? - Only in this case you require succession certificate, otherwise not.
Please clarify whether there is any immovable property left behind by the father/mother (without making out a WILL)? If so, then what you require is a Legal Heir certificate. This will be issued by the Tehasildar concerned.
Kumar Doab
(Expert) 23 March 2018
Interest of minor is involved.
Need of succession certificate may be pressed by authorities.
You may have to go for Succession Certificate and need of guardian..
You need to check with O/o authority under whose jurisdiction property falls if Legal heir certificate can suffice…
If you have already checked then you may post the response provided to you!
Kumar Doab
(Expert) 23 March 2018
Otherwise;
Immovable property;
The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
Thereafter updated mutations record may be obtained and IT should show the share in the name of minor also..
Estate e.g; Bank balance; you need to check with
carefully go thru; the Claim forms…. attestation by Local municipal Councilor may be accepted or legal heir affidavit upon representation by any legal heir from Ex. Magistrate in Local Service center may be accepted…………..or legal heir certificate may be acceptable/accepted…
It may accept surety(ies), indemnity, disclaimer etc …
GO thru claim form e.g;
Annexxure3; 3,4
https://www.indusind.com/content/dam/indusind/PDF/Deceased%20claim%20annexures%20webite.pdf
The Bank is under obligation to supply communication on IT’s stand in the matter and policy in Settlement of claims in respect of deceased depositors without any cost to claimants/legal heir…and should also be available on Bank’s website;;
GO thru Bank’s policy e.g;
1.2.2 Minor As A Claimant
https://www.bandhanbank.com/pdf/PolicyforSettlementofClaimsincaseofDeceasedDepositors.pdf
And/or Bank may prefer to go for legal opinion and advise accordingly… for requirement of succession certificate..
Kumar Doab
(Expert) 23 March 2018
You may also go thru;
GO thru;
RBI; Master Circular on Customer Service in Banks;
20. Settlement of claims in respect of deceased depositors – Simplification of procedure
20.7 Claim Forms to be made available
https://rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=9862
Kumar Doab
(Expert) 23 March 2018
You may post what is the response of the authorities?
