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Prasad   30 July 2019

Family tree

Sir, Recently my father who was living in Bengaluru, expired. He has some bonds and deposits for which he nominated me(his son). But there are few bank accounts in which he forgot to nominate me. Also, he purchased a land on my behalf on his name. How do I get the legal authority to get the bank nomination and for the transfer of the land to my name? What are the documents I need? I have his original death ceryicates, the bonds and shares and the original land deed with me. Please advise


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 12 Replies

Shashi Dhara   30 July 2019

U take succession certificate in court and for immovable property give application to effect khata to Ur name or for jointly along with Ur mother and brother and sisters if.

Prasad   30 July 2019

Thanks for your reply! I�m currently living in USA. My mother died several years ago. I have two elder married sisters. To get the succession certificate, what are the documents needed? Whom should I give my application for the immovable property? Thanks Prasad

G.L.N. Prasad (Retired employee.)     31 July 2019

First obtain legal heir certificate from Tehasildar, then file the same and seek such claim forms (Uniform in all banks) and statement of account.   Succession certificate is not necessary in all cases.  The land transfer can be made through family settlement before Lokadalat or as advised by local advocate / solicitor.   These things can not be done in India and you have to either entrust this to a friend or relative as officials are lethargic to correspondence.

Shashi Dhara   31 July 2019

Ur mother ,father's, death certificate ,g tree title deeds of property(Xerox copy notarised).for immovable property, if it is agricultural land for revenue authorise if urban site or building to municipality ,or city council, bbmp etc.

Prasad   31 July 2019

What is the process to apply for a succession certificate and what are the supporting documents needed?

G.L.N. Prasad (Retired employee.)     31 July 2019

Search in google.

P. Venu (Advocate)     01 August 2019

From the facts stated, it is quite obvious your siblings are also the legal heirs to the property left intestate by your father. Even in cases where ther is nomination, you are only trustee. Even in respect of the property purchased allegedly on your behalf but in the name of your father you cannot have exclusive claim unless the you had provided the funds for the purchase and this needs to be proved, if disputed..

Adv. Vaishali Harish Gore (job)     02 August 2019

you check with the Bank what documents they required, if any format or declaration need to by submit.

for immovable property u need heirship certificate wherein all your sister and u ahve to present before the court . Noc from your siister also required

 

Adv. Vaishali Harish Gore (job)     02 August 2019

you check with the Bank what documents they required, if any format or declaration need to by submit.

for immovable property u need heirship certificate wherein all your sister and u ahve to present before the court . Noc from your siister also required

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 August 2019

In so far as assets for which you are a nominee, you take possession of them. Though according to judgments (not as per enacted law) a nominee is not absolute owner no law says that it is incumbent on the nominee to search for the owner.  After you take possession you can enjoy or dispose of them. It is for those who claim to be owners to claim it  legally or do otherwise. As regards property for which there is no nomination you will have to apply to the court for a succession certificate giving full particulars of the assets as well other possible legal heirs. You may also be required to give notice in newspapers. The court will send notice to the possible legal heirs. The other legal heirs may give no objection letter or contest your claim. The court will consider all claims and issue appropriate succession certifcate.  You engage a good property lawyer. He will do everything for you. Good luck.

Prasad   05 August 2019

For NOC, do we need to have the court notice and swear before the judge? Since both my sisters are settled in USA like me, do I still need to go through the NOC process in India? Can I get the NOC done here in USA?

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 August 2019

One of my relatives in USA had a similar problem. He signed a sworn affidavit at the Indian Embassy in USA. It should not be an NOC. It should be a renouncing of the rights. The coparcenaries of my relative had to pay stamp duty to get his share "transferred" to them. Later I came to know that there was a Bombay High Court judgments saying that renoucements cannot attract stamp duty.  If the property is of value your sisters can visit India to sign the affidavit. You can pay for their airfare, if necessary. The best thing for you is to get hold of a good advocate in Bangalore to do everything for you.


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