succession certificate
Suchitra. S
(Querist) 27 October 2010
This query is : Resolved
Respected experts, please let me know what all documents are needed to get a succession certificate. My friend's father has expired and they need to use his bank accounts till the property gets divided. No will is executed by the deceased. I suppose they need succession certificate to submit to the bank. But do not know the procedure to be followed to get one.
Devajyoti Barman
(Expert) 27 October 2010
1. Death Certificate
2. All Bank documents
Succession Certificate is meant for only movable properties for which you have file the necessary application under Act 39 before the District Delegate.The names of all the legal heirs would have to be mentioned n the application who would either apply jointly or give their NOC if any one of them apply. You have file court fees on the amount claimed in the petition.
Suchitra. S
(Querist) 27 October 2010
Sir, please let me know what they have to do if they want to close the deceased person's bank a/c and get the money back? What is the document that bank expects? A succession certificate or only death certificate?
Devajyoti Barman
(Expert) 27 October 2010
Generally the Bank asks for succession certificate. Sometime NOC of all the legal heirs and affidavit of legal heirs do the job. Talk to the Bank directly to know its requirement.
Suchitra. S
(Querist) 27 October 2010
Thank you so much for your timely help, Sir.
A V Vishal
(Expert) 27 October 2010
In case you have to obtain a Succession Certificate for succeeding a near and dear departed relative, who has died without executing any "Will", of whom you are a heir, you have to do the following :
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The Application is to be made in the court, where the properties of your deceased relative are situated or where he / she normally resided. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court]
You have to apply to the court with the names of all other heirs of your late relative as the respondents in the matter. Normally a newspaper notice is also issued apart from mandatory notice to the respondents. Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name, for which you have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court, whereafter the Certificate is typed by the court staff, duly signed and sealed and delivered.
It should roughly take about 3-4 months from date of filing to receive your certificate.
Parthasarathi Loganathan
(Expert) 27 October 2010
For kind information of our learned brothers.
As per guidelines in force, legal heirship certificate is sufficient for disposal of claims against balances in deposit accounts. Succession Certificate is not mandatory.
s.subramanian
(Expert) 29 October 2010
I agree with Mr.Loganathan.
