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Gaurav   02 January 2019

How much time it takes to obtain succession certificate?

My friend's father died two years ago, He was having back account in Allahabad Bank. There are two daughters and sick mother now (daughters adult). They have now filed a petition in Judges Court, Kolkata to get a succession certificate (hired a private lawyer and have almost spend 70-80k till now). Its been 20 months till now and they haven't got the succession certificate yet. Only one  daughter is working and it's becoming impossible for her to handle all the expenses of sick mother, take care of younger sister and manage everything.

Ideally succession certificate should have been obtained within 40-45 days but this is really surprising that its going to be two years till now.

What she should do?



Learning

 10 Replies

Shashi Dhara   02 January 2019

Verify that Ur friends father has made nominee or not.if he mentioned his wife or daughters as nominee then it will be esay
1 Like

Shashi Dhara   02 January 2019

Verify that Ur friends father has made nominee or not.if he mentioned his wife or daughters as nominee then it will be esay

Shailendra Sonkar ( )     02 January 2019

Verify these points:-
1. Is there any nominee given for the said account?
2. If there is no nominee, check the required documents in bank or bank's site according to deposited amount.
3. In the applied succession certificate, lawyer presented all any one opposition party against your mother?

Most important line, as per RBI guideline, Bank can't ask for succession certificate, Bank only wants legal heir certificate which can be easily obtained from court with the help of lawyer in 2 days.
1 Like

Gaurav   03 January 2019

Thanks Shailendra Kumar ji & Shahi ji for your replies. This is very informative and helpful

Please see the answers below

1. No, no nominee added therefore all such problem

She is currently working in Banglore, Can legal heir certificate can also be obtained from banglore court or where mother resides (where Bank branch is) i.e. Kolkata 

Can legal advisory office in district courts can help her with free lawyer? (She is having money problem and curent lawyers has already taken around 80K so dont want to consult him again for legal heir certificate, Can she directly apply for legal heir without a lawyer ?

Thanks in advance

Regards

 

Shailendra Sonkar ( )     03 January 2019

You need a lawyer to get legal heir certificate from court. Lawyer will cost you rs. 500-1000 for it. First of all, check the required documents on Allahabad bank site for the cost of stamp paper and do accordingly. It should be done at local court where mother resides but I am not fully sure for it.

Gaurav   03 January 2019

Ok, thank you Shailendra Kumar Ji

 

Shashi Dhara   04 January 2019

U do one thing that mother &her two daughters become petitioners &do Allahabad bank as respondent in court.any one can appear before court and lead evidence on be half of others.then bank will come to compromise and deposit money in court.

pankaj verma   05 January 2019

plz go to the legal aid authority office which is available in every court and your mother can apply for free counsel to defend her case....it's a scheme or right of a lady with out any fee or charge.....9816374011
legal heirs certificate can b obtained from concerned tehsildar...

Gaurav   07 January 2019

Thanks Pankaj Ji for valuable advice...

Gaurav   07 January 2019

Thanks Shashi ji,

Yes but first let us try for sucession, or legal heir certificate as these would be required in other cases also

Also we would need to take the case back from the first lawyer and go to legal advisory office and see how things goes

Regards

 


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