Raveesh 05 July 2021
Anusha Singh 22 October 2021
As per your query it is understood that you need information about legal heir certificate, surviving member certificate and capital gains account.
Surviving Member Certificate is a tool to get declaration from the concerned authorities as to the fact that who are the persons living behind the deceased one, who can succeed the intestate property of the deceased as per the rules of inheritance, but it neither decides the title of any property nor adjudicates the fact that who will be the successor. It merely limits the number of surviving members amongst whom the successor will be decided afterwards by the civil court concerned. On the other hand, Legal Heir Certificate is a certificate by which the civil court concerned adjudicates the fact that who will be the successor of the deceased. In brief, Surviving Member Certificate is the first step to obtain the Legal Heir Certificate.
Nomination in capital gains account to inherit the account upon depositor’s death can be made by submitting Form E and change of nominee can be made by submitting Form F.
Nomination up to 3 persons is allowed and amount, if any to be received by nominees, will be in their order of nomination. No nomination is allowed for accounts opened on behalf of minor, HUF, AOP, BOI or firm. However, the nominee can be a minor and depositor can appoint a person to receive the amount in case of his death and during the minority of the nominee.
Hope it helps!
Regards,
Anusha Singh