Intestate/ Succession Certificate

Querist : Anonymous (Querist) 17 July 2010 This query is : Resolved
Husband died without nominating for any of his bank accounts/ transactions. Wife was advised by bank to get a Succession Certificate. Could someone pls tell me the procedure/ court to apply for the same n how probate comes into picture here. Location is Bangalore

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Adv Archana Deshmukh (Expert) 17 July 2010
Probate is required only in case of will.

Parveen Kr. Aggarwal (Expert) 17 July 2010
For getting Succession Certificate, a petition is to be filed before the District Court under the provisions of the Indian Succession Act, 1925.

As rightly stated by Adv. Archana probate is required only in case of will and in case of death of husband intestate, the probate does not come into picture.

J. P. Shah (Expert) 17 July 2010
For getting deposits by heirs of deceased account holders, it is not necessary to produce succession certificate, provided there is no dispute among heirs. This is as per RBI circular.

RBI has recently on 01-07-2010 repeated its directives by issuing fresh master circular on customer service, which includes settlement of death claims. It is available at http://rbidocs.rbi.org.in/rdocs/content/PDFs/DBODMC010710.pdf

Please draw attention of bank manager to clause No. 20.2 of this circular.

Devajyoti Barman (Expert) 17 July 2010
Get in touch with a local lawyer.

adv. rajeev ( rajoo ) (Expert) 17 July 2010
She has to file a P & Sc petition in the civil court to get a succession certificate to produce before the bank authorities.

G. ARAVINTHAN (Expert) 18 July 2010
Wife along with children can apply before district court having jurisdiction for issuance of succession certificate in her favour. The same is to be given no objection endorsement from other heirs

Chanchal Nag Chowdhury (Expert) 18 July 2010
Probate is granted only if there is a Will.Succession certificate is granted on the Debts payable to the Estate of the deceased.
It is therefore advised that U make a thorough check-list of all movables e.g. other bank a/cs., LIC policies,PF,Share certificates etc.which are not in your hands & file 1 Succession certificate case for all.

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