Amendment successior certy
Querist :
Anonymous
(Querist) 17 October 2011
This query is : Resolved
A successior certy issue in 2010. by dist.court ahmedabad. but now before few days,the leagle heir found another bank pass book,amount rs.30,000 on deceased name.so now the leage heir can amend this details on that successior certy, in recently 2011.or any other leagle remedy for it.
Devajyoti Barman
(Expert) 17 October 2011
Since the certificate is already granted amendment will not do. They meed to file for fresh application.
ajay sethi
(Expert) 17 October 2011
without succession certificate amount lying in bank account can be transferred as it is not a substantial amount .
did the deceased leave behingd any nomination?
who are the legal heirs .
bank generally transfers amount lying in saving account to nominee on furnishing NOC from legal heirs
Bhumik Dave
(Expert) 17 October 2011
yes mr shethiji is right bank generally transfers amount towards nominee.
prabhakar singh
(Expert) 17 October 2011
While Mr.Sethi is correct.
But as desired the proper legal course is to seek the extension of the amount in question from the court which granted it under provisions of section376 of the Indian Succession Act,1925,which reads as follows:
376. Extension of certificate.- (1) A District Judge may, on the application of the holder of a certificate under this Part, extend the certificate to any debt or security not originally specified therein, and every such extension shall have the same effect as if the debt or security to which the certificate is extended had been originally specified therein.
(2) Upon the extension of a certificate, powers with respect to the receiving of interest or dividends on, or the negotiation or transfer of, any security to which the certificate has been extended may be conferred, and a bond or further bond or other security for the purposes mentioned in section 375 may be required, in the same manner as upon the original grant of a certificate.
