indian succession act 1925

punit (Querist) 31 July 2008 This query is : Resolved
my uncel give me his whole property by the will.and in this time i m a sole owner of that but my uncel bank accout money is not in my passion i want to take this money from which prossess?
i will go the court and take succession or probate latter plz tell me

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puneet (Expert) 31 July 2008
if your uncle has given u his whole movable and immovable properties by will then you can go to court and can apply for probate and letters of administration

Guest (Expert) 31 July 2008
Probate if the will mentions the bank account or else the succession certificate.

SANJAY DIXIT (Expert) 01 August 2008
First of all you have to file a petition for the grant of “Probate” of the will. For this you will also have to pay stamp duty. After you get the will probated in your favour, you may get the money in bank account of your uncle.

Srinivas.B.S.S.T (Expert) 02 August 2008
If there is mention of the bank account you are talking in the will then its sheer waste to probate the will as the same will cost you alot in the form of court fees. You can file a sucession certificate seeking permission of the court to recognise you as sucessor of your uncle to withdraw the amounts lying in the bank account. Even for succession certificate also you have to pay 6% of the amount as court fee if the amount exceeds one lakh.

R.Manivasagan (Expert) 06 August 2008
If you had given all the movables and immovables of your uncle, you should get a grant of probate the letters of administration and you will have to pay the court fees for your claim

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