(Querist) 09 September 2009
This query is : Resolved
my elder sister and her husband who resided at bhubaneswar died in 2007 and 2006 repectively.My nephew who is my sisters only son is living with my other sister's family at kolkata.My nephew is 13years old and is a minor.several of my departed sister and brother in law accounts with banks have been frozen since she died.My nephew would need a legal heir certificate in order to operate those accounts.Can my father who lives at Rajgangpur orissa apply for guardian and act on behalf of my nephew?.my sisters father in law is also alive but he lives at puri and is too old and invalid.do we need a succession certificate?riven
1- Legal Heir Certificate /Dependents/Family members Certificates will be issued by the Local Concenred MRO/thasildar where the parents of minor last resided and died - in the Buvaneshwar . Application may be made to Thasildar for Certificate , local enquiry will be conducted by the Thasildar and Certificate will be issued . It can be applied by Grand Father or any other close relative of Minor .
2- If nominations are already registered in the Bank accounts/FDRs , the Minor will be nominated with guardian . If no nomination is recorded , to certain limits the Banks will allow death claims as per concerned Bank procedure .
3- In case limits of amounts/Assets & Banks require Succession Certiifcate , the Minotr can apply for Succession certificate rep by his Guardian ( Gradn Father or any close relative )- it is better to apply in the Buvaneshwar Courts where the Assets are situated !
(Expert) 10 September 2009
you need to get a legal heir certificate first. Though it is not useful for Court proceedings, can be useful for changing name in revenue records.
Your father can file Application for Succession Certificate as he is having welfare on his granson..riven
(Querist) 10 September 2009
who can apply to be a guardian.My father stays at Rajgangpur.My nephew is staying with my sister and brother in law at kolkata.Can my father be the guardian.riven
LEGAL DON OF INDIA
(Expert) 12 September 2009
You first obtain a NOC from your sister's father in law for issue of Succession Certificate in favor of your father and also let your father register as guardian of your nephew. Then every thing will be alright.riven
(Querist) 12 September 2009
Thanks Mr GHanshyam for touching on the relevant point.My deceased sisters father in law in mentally incapable of taking a decision on his own and he is bed ridden.He is unable to look after himself so he is not capable of being a guardian.On the other hand the noc might not be be forth coming from his end as he is staying with my deceased brother in law's only sister and her husband.Their family was not in good terms with sister and her husband.In this case if they challenge our decision to have my father or my other brother in law as guardian what should we do?riven