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F.D in bank

(Querist) 06 January 2010 This query is : Resolved 
1.Thear is a F.D in S.B.I in hindu father's name, he died interstate without oppointing nomine to the F.D.
2.Thear are six leagle hires 3, daughter's 2,son's and wiedo mother. the 3.daughter's and wiedo mother acepted to signe, 2,son's refused to signe.
3.The bank manager said in this case you have to get court order.
4.Is it possable toget court order for this funds, in what maner shoud we aproch the court, what will be the court fees?
5.Will all the leagle hires get equale shares?
6Thear are other immoveable property's to be claimed, can they move court for this fund's alown, and later for the other property's since the father did not make any will died interstate .
7. Can they claim cost of the court order from the 2.son's who has refused to signe.
Sir kindly clear my quary.
Raj Kumar Makkad (Expert) 06 January 2010
In your case, succession certificate from civil court is required to be obtained as 2 legal heirs have refused to share the property as per mutual compromise. Cost of succession certificate is state to state different but it is almost 3% of the value of the property which is to be deposited proportionaltely by all legal heirs once it is ordered by concerned court.
joyce (Expert) 06 January 2010
P&SC case is to be filed,for the purpose of any funds or finances. you should get the survivors certificate, before u approach the court. For immovables if any then partition suit can be filed, whom all gets equal share in the property.
aman kumar (Expert) 12 January 2010
1. Succession certificate from civil court is required
2. COURT can appoint a receiver for partition .on request
3 court fee depends on property value .


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