Letter of Administration

It appears that you have completed all the formalities. Just lodge a complaint the BOI's website and also to the ombudsman for banking disputes - you can file online and the contact of ombudsman region wise is available in the Rbi's website rbi.org.in

still you need help pls contact me by private mail 

I have spoken with the bank and also the zonal office today.  The zonal office legal team have said that they have said that a Letter of Administration is ideal however, they have also said that it is to the Bank discretion whether they transfer the documents in my name or not.

I also spoke with the AGM of the Bank and he said that we need this.  I have provided everything they have asked and it has taken a long 10 months because they were always so slow.  Do you think I will achieve anything by complaining to the Head Office or do you think this will just delay everything?

please visit the BOI website where they have established norms for escalating the complaining up to top level. Send an email setting out brief sequence (facts needs to be highlighted) up-to date and request resolution 

of your claim on the basis of indemnity (if need be you may submit a fresh indemnity to update the documentation). This will work surely. 

vasudevan

Ok thank you.  I will try this.  The email address for Head Office I have from the website.

I will keep you updated

Can a bank insist on indemnity bond & sureties to release the money when probate from high court has been granted ?

Sec 273 Indian Succ Act says :

‘Conclusiveness of probate or letters of administration.- Probate or letters of administration shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted: Provided that probates and letters of administration granted--

(a) by a High Court,

(b) by a District Judge,  ………’

Any case cited will be of help.

Hi All, the bank are still insisting on having a letter of administration.  I have been quote 50000 fees for an advocate plus 50000 to post with the court.  Is this reasonable or too high?

What would typical costs be?

Professional Fees of Advocates depends on their profile and the reputation of the firm. For Letter of Administration especially when the title is clear, look for a lawyer conversant with the procedure and it should not cost much. For court fee, it is determined based on the value of the property and hence to be checked with the court's valuation rules/process.

Hi,

I have been given a date of 17th January 2011 by the court.  What happens after this?  If there is no objection is the succession certificate granted then?  If there is an objection what happens then?  Is there still a lengthy process left?

I need to claim some deposit that my late mother has left in Post office.

As there is no nomination the Post office is asking me to get a letter of administration to claim the due amount.

We are three legal heirs and have no dispute and are willing to claim the amount jointly or singly and had offered the post office that we can produce a legal heair certificate from the court but the post office insists on a succession certificate or a letter of adminitration.

kindly advise as to how we can procure this at Mumbai

I feel sorry for you. We have a rotten system wherein under the oretext of safe gaurding the interest of account holder / legal heir the bank staff simply delay and talk in round abound manner as they are not fully aware of rules. I think it will be hell of a job for you to get the fund and you will have to visit India for completing the procedures.

As for Letter of AQdministration you will have to obtain it if you are not the sole legal heir and the account holder has not nominated you with the BOI.- Regards

The lawyer is simly exploiting you as the fee should be Rs.25000/- and the Court fee depends on the amount involved which you can check on internet.

A Letter of Administration is required for immovable assets and in this case since the assets in question are movable, you would need to apply for a Succession Certificate from the High Court....

Dear Peter,

I have read your concern of 2010 about Bank of India

Is the problem solved or still persisiting/?