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how to get succession

(Querist) 07 December 2010 This query is : Resolved 
an amount of Rs. 3,00,000/- is lying with bank fd as well as of lic of deceased. Son wants that amount, what is the procedure, under what provision i have to file application for succession certificate, is there any specific draft available on net, how much stamp duty has to be paid.
Arvind Singh Chauhan (Expert) 07 December 2010
You should consult with local lawyer. Court fee varies for state to state.
At first are you confirm that respective department is asking succession certificate, some payments are made ordinarily to nominee without any complexity or merely on affidavit and disclaimer.?
sreenivasa Rao.P (Expert) 08 December 2010
Refer to sections 211 212 of Indian succession act.At the first instance you give an application to the bank stating that you are the only person entitled to claim the fixed deposit along with all the documents like,death certificate of the deceased ,your identification and any other document which establishes your relationship with the dead person.
If the banker directs you to get a succession certificate,file declaratory suit valuating the suit notionally for Rs.10,000/- for the relief of declaration(Declaring you as a legal heir) and the CF varies from state to state which I think will not execeed more than 1000/-.
The defndant in your case will be the bank and the local tahasildar.


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