Legal heirship
Net
(Querist) 28 May 2014
This query is : Resolved
Hello Respected experts,
My query is, My late father passed away on 12th Jan, 2014, and we are left with Mother, 2 Sons & 1 daughter. What is the process of applying for legal heir ship, As he is left us with a property ( which is with litigation with BBMP) and a Bank account with no nominee.
Kindly advise, We belong to bangalore.
Thanks in advance
KAMARAJ BHARATHY G
(Expert) 28 May 2014
1. YOU HAVE TO OBTAIN LEGAL HEIRSHIP CERTIFICATE FROM THE CONCERNED
Tahsildar/ concerned authority.
2. all of you have to file implead petition in the place of your father in the litigation
3. you may apply to the bank to settle the death claim based on death and legal heirship certificate of your father
Devajyoti Barman
(Expert) 28 May 2014
Yes.
That apart you can apply for succession certificate as well since legal heirship in many states is not recognises whereas succession certificate is recognised in all over India.
Advocate. Arunagiri
(Expert) 28 May 2014
I am also of the opinion that you have to get the succession certificate. Many of the banks do not release funds to the legal heir without succession certificate.
ajay sethi
(Expert) 28 May 2014
obtain succession certifcate
Rajendra K Goyal
(Expert) 28 May 2014
You should try to get the succession certificate which is widely acceptable.
malipeddi jaggarao
(Expert) 28 May 2014
Legal Heirship Certificate is a certificate issued by a Tahsildar to the legal heirs of a deceased person. Succession Certificate is an order granted by an Authority or court of competent jurisdiction to the successors of estate of a deceased person on the basis of application made by such persons in the capacity as legal heirs or otherwise entitled to succeed to the estate of the deceased person in certain circumstances.
As regards Bank account, unless the amount lying is big, it will accept the legal heir certificate. An application has to be made jointly by all legal heirs claiming the amount. If they so desire, they name one of the legal heirs to receive the amount on the behalf of remaining LHRs.
You may require to execute an Indemnity with surities indemnifying the bank for the amount so released if there is any loss to the bank in future for its actions.
But in your case as there is some litigation pending, better apply to the court for succession certificate. This will serve both the purposes.
Even if you submit the succession certificate to the Bank, the procedure as narrated above is one and the same.
Kumar Doab
(Expert) 28 May 2014
Learned experts have given valuable advice. You may follow it.
Engage a local lawyer handling such/revenue matters and contest the case in court.
Bank Account;
Refer to RBI circular:
RBI / 2009-10 / 57
DBOD.No.Leg. BC.9 /09.07.006/2009-10 July 1, 2009
Master Circular on Customer Service
20. Settlement of claims in respect of deceased depositors – Simplification of procedure.
20.2 Accounts without the survivor / nominee clause
20.6 Time limit for settlement of claims
>>> If the nomination was not made by the deceased SB a/c holder and the funds in the SB a/c are within the min. threshold limit set by board of the bank can ask for indemnity by the legal heir and witness from preferably some a/c holder of the bank.
If the funds in the SB a/c are above the min. threshold limit set by board of the bank can ask for succession certificate from jurisdictional court of law.
However the BM/Bank may agree to release the funds by asking to sign the letter of indemnity and to provide surety of equal amounts.
The policies in this regard are available on the website of RBI, BCSBI,IBA, have to be placed by bank on its website, in branch and a printed version has to be supplied to legal heir without any cost.
You can download the RBI circular from following thread:
http://www.lawyersclubindia.com/forum/Rights-of-nominee-102430.asp#.U4WW90eBmXU
You may find another thread as relevant:
http://www.lawyersclubindia.com/experts/Indemnity-by-a-us-citizen-indian-law-472326.asp#.U4WX2UeBmXW
Net
(Querist) 28 May 2014
Thank you all, I appreciate each one responding for the above. Thanks again
malipeddi jaggarao
(Expert) 29 May 2014
Most welcome Mr.Net. Why do you keep your identity confidential?
Net
(Querist) 31 May 2014
Sir, My name is Mohammed Arif, I run a company called Net world :) :),
Respected experts,
I have a Mother, younger Sister, and Brother. Who are not interested in making or even listening to me for applying a legalheirship after my Father's detah, I dont know if they have made already applied for the same without my knowledge. So please let me know if I can apply without there involvement. Your advise will be highly appreciated.
malipeddi jaggarao
(Expert) 31 May 2014
Any one of the legal heirs can apply for the LH Certificate, but it will be issued after enquiry and the certificate will include all the names of legal heirs.
prabhakar singh
(Expert) 31 May 2014
1.You need to apply for substitution of heirs
with proof of death in BBMP case.
2.Legal heir certificate from tehsildar.
3.Best if you obtain succession certificate from civil court with respect to bank account
and it shall serve and come handy as proof every where for all purposes.
If others heirs are not joining then make them opposite party in your petition claiming succession certificate.
T. Kalaiselvan, Advocate
(Expert) 31 May 2014
In Bangalore the Tahsildar or the /revenue department do not issue legal heirship certificates, instead, they approve the genealogical certificate commonly know as Family Tree certificate in Bangalore. Since you state that there is a litigation pending, your lawyer on a petition before the court under the provisions of O22R3 section 151 of CPC. For death claim in the bank, if the bank manager is approached properly, he may allow you to withdraw the amount lying in the account of deceased on the basis of indemnity bond. Try. You can do all these yourself by directly approaching the concerned authorities in person but with patience.
