Succession certificate
Guest
(Querist) 17 October 2015
This query is : Resolved
Sir,
A leaves behind his legal heirs B, C, D & E. Before his death he makes a will in favour of B which is unregistered. Now B wants to file a succession petition for equal share of all B C D & E in amount lying in bank account of A.
1. Is there any needs to mention about that unregistered Will in succession petition?
2. Is it must to mention in succession petition that deceased died intestate?
P. Venu
(Expert) 17 October 2015
Please state the real problem than offering a algebraic equation for us to solve.
Rajendra K Goyal
(Expert) 17 October 2015
Whether in the will, there is no mention regarding Bank deposits of the deceased?
Whether there is no nomination in case of Bank accounts?
Why the person want to proceed for the succession certificate?
K.S.Srinivas
(Expert) 19 October 2015
To get advice, answer the queries of the above expert.
T. Kalaiselvan, Advocate
(Expert) 22 October 2015
You may first answer the questions raised by expert Mr. Rajendra K Goyal for getting proper advise and opinion to your problem.
However, in the absence of any mention about the bank deposit in the Will, and also if there is no nomination made, then first try to convince the bank manager to accept indemnity bind executed by all legal heirs in favor of bank for receiving the deposit amount, if not accepted by bank then you may try or succession certificate through court of law for receiving the money. In the succession certificate case, there is no need to mention about the will because there is no need for it.
