Succussion certificate cuyrt fee on rs 4140387

Querist : Anonymous (Querist) 06 October 2011 This query is : Resolved
my father passed away recently me and my mother are only legal heir he has4140837 in a saving bank account without nominee
what is the court fee on above mentioned sum

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prabhakar singh (Expert) 06 October 2011
In which state you are located??
court fees is also a matter of states and like stamp duty it does differ from state to state.
In Maharashtra it should be subject to a maximum of Rs.75000/=.
In UP it would be too costly around 8.75% of the value approx.

ajay sethi (Expert) 06 October 2011
if your mother is only legal heir bank will transfer savings bank amount in your name without succession certificate if you are willing to give a surety . in addition you have to give an indemnity bond to indemnify bank against all claim made if any .

try to get amount transferred without payment of court fees on succession certifcate

ajay sethi (Expert) 06 October 2011
Without Nomination I Without Survivor clause

A. Against Indemnity

Documents required:

1. Death Certificate ((Duly certified as mentioned in 1 (i)
2. Claim application in the prescribed form no.33 and surety letter, consent letter of all other claimants (available with the branch)
3. Credit reports on claimants, sureties (two) in the prescribed form no.135.
Worth of surety lies should cover the claim amount.
4. Letter of Indemnity in the prescribed format duly executed on stamp paper (stamp duty as applicable from time to time) by all the claimants and sureties.
5. Proof of authority of legal heirs.
6. Stamped receipt signed by claimant /s for amount received.

Shailesh Kr. Shah (Expert) 06 October 2011
here is two legal heirs as stated in query.

ajay sethi (Expert) 06 October 2011
even if 2 legal heirs you can by giving surety and furnishing other documents mentioned herein above avoid need for succession certificate .

prabhakar singh (Expert) 06 October 2011
It is so good a procedure there followed by banks but in our area managers accept these arrangements only up to there overdraft rights not for such a huge sum,Mr. Sethi.

ajay sethi (Expert) 06 October 2011
mr prabhakar singh querist has not stated where he is residing . i gave answer as per practice prevalent in mumbai . generally banks are required to follow these norms throughout india

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