Succession certificate requirement in deceased account


if a person having a wife, two son and one married Daughter  dies without any nomination in a bank account singly held by him in his name. The son and daughter wants to transfer the amount in the said bank to his mother ( wife of the deceased), whether a succession certificate is required for the same?

 
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Lawyer

In order to transfer/release balance in the account succession certificate is required  by bank.

 
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Advocate/Attorney

Yes, you have to obtain succession certificate from the concerned court only.  After the distribution of the amounts by the court to son, daughter and mother, your respective share can be transferred to your mother or any other person.  That is your wish. 

 
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FIN

Learned experts has given valuable advice.Kindly follow it.

RBI has issued guidelines for such cases.

These guidelines and others should be displayed in the bank, maintained at website of the bank and a printed version should be provided to the customer.

20. Settlement of claims in respect of deceased depositors –

Simplification of procedure.

20.2. Accounts without the survivor / nominee clause

In case where the deceased depositor had not made any nomination or for the accounts other than those styled as "either or survivor" (such as single or jointly operated accounts), banks are required to adopt a simplified procedure for repayment to legal heir(s) of the depositor keeping in view the imperative need to avoid inconvenience and undue hardship to the common person. In this context, banks may, keeping in view their risk management systems, fix a minimum threshold limit, for the balance in the account of the deceased depositors, up to which claims in respect of the deceased depositors could be settled without insisting on production of any documentation other than a letter of indemnity.

 

The BM of the bank would know the minimum threshold limit set by his bank.

It is felt that even for big bank like SBI it is Rs.10000/ only.

The BM can ask to sign letter of indemnity vide which the other legal heirs can sign to make the payment to one of the legal heir e.g. ( wife of the deceased). The surety (ies) would be required to sign on indemnity.

You may request the BM to release the funds by way of letter of indemnity.

If the BM is not competent due to minimum threshold limit set by his bank, or legal opinion by legal cell of the bank, or any other reason, succession certificate may be required.

The BM is under obligation to explain the reasons and procedure to you in person and in writing too.

 

 



Attached File : 46452941 deceased depositor account 57cs010709 full.pdf downloaded 214 times
 
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practising Advocate

You can avoid the botheration of getting Succession Certificate if All the legal heirs jointly request the Bank for making the payment to the Mother / Wife of the deceased.

 
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Advocate

It is true that succession certificate is required and merely on the indemnity bond may call for the risk if the amount is huge and the successor or legal representative later may claim . 

Thakns and regards

Adv. Sandeep Naik

 
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You have sought clarifications on two issues namely 1) whether all the legal heirs can authorise one legal heir to receive the money left behind by the deceased; 2)  Whether succession certificate to be obtained'

The answer 1)  All other legal heirs can jointly authorise one legal heir among their choice to receive the entire amount on such heir's name through an authorisation letter;  2)Some banks, using the discretionary power of the manager of the institution may dispense with the requirement of succession certificate based on the indemnity letter/bond or any other relevant document upto certain value of amount in the deceased's account, clarify the issue with the concerned manager.

 

 
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DEAR SIR

WHAT THE PROCESS OF GETTING SUCCESSION CERTIFICATE.

 
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FIN

 

You have posted that the deceased depositor is survived by: wife, two sons and one married Daughter.

 

 

 

 

If the deceased is Hindu and has not left any WILL and the mother of the deceased is also not surviving: The Hindu Succession Act may be referred to.

The survivors: wife, two sons and one married Daughter, are ClassI Legal Heir and wealth of the deceased is to be divided equally amongst them.

 

If the BM and Bank agrees it can release the funds in the a/c by letter of Indemnity.

 

 

For succession certificate approach district or the high court within whose jurisdiction, i.e legal territory, the assets fall.

Depending on the value of the estate of the deceased, the matter shall go to the type of court (pecuniary jurisdiction), which can conduct cases for that value.

 

Your lawyer shall help you prepare the case for getting the Succession Certificate. Approach your lawyer.

 

 

 
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Lawyer

Engage a local lawyer for further action

 
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