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Legal heir

(Querist) 10 November 2010 This query is : Resolved 
My father passed away unexpectedly. He left some money in the banks and most of our properties are in his name.

What should I need to do to give my mother access to his money and properties. Does she need a legal heir certificate? My dad wasn't a public servant nor is my mom.

Do me and my siblings need to be involved. I read some where that my mom will be the defacto heir/beneficiary. Can any one please clarify. I just want my mom to get access to dad,s assests.

Any help is greatly appreciated.
R.Ramachandran (Expert) 10 November 2010
Dear Ajay,
After obtaining the death certificate, you have to obtain succession / legal heir certificate. On the basis of such legal heir certificate the legal heirs will be able to access the property both movable and immovable and bank accounts etc.
In case you siblings want to give the entire property / bank accounts etc., to your mother, then you have to give relinquishment deed in favour of your mother. Thereafter everything will become your mother's and you will have no right over such property / money.
Adv Archana Deshmukh (Expert) 10 November 2010
For the amount left in the bank, the bank may require your mom to produce succession certificate. Your mom will have to obtain it from the court.
s.subramanian (Expert) 10 November 2010
I agree with them.
R.Ranganathan (Expert) 10 November 2010
I agree with the experts
Uma parameswaran (Expert) 10 November 2010
Not only the mother but children also are heirs and have same right over father's property.
Arun Kumar Bhagat (Expert) 13 November 2010
I agree with Ramchandran.
Parthasarathi Loganathan (Expert) 13 November 2010
However you need to check up the nomination details to the accounts from the bank concerned.

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