Aditi (N/A) 21 October 2011

How to get heir certificate copy

Hello,
I need to get a copy of heir certificate which was applied by the time of my fathers death in march 2011.

Here is the status of my case:
My fathe expired in 2010. We (myself & my brothers) applied for the heir certificate thru VAO but now my brother are not giving me the status on the same. I'm sure they would have received the certificate from Taluk office but they are not willing to give a copy. When asked, i get a weird answers from them.
So what should i do to get the same thru legal means now?
1. Tried sending an RTI pettion to thasildar - but no response even after a month
2. Is there any other way to get from taluk office directly?
3. If it should be followed thru legal case, how much would it cost & how long will it take to get it? And exactly i need to do. I want to keep this as last means.

Appreciate your input on this.

Thanks,
Nikitha

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5 Replies

Advocate Rajiv Mishra (advocate) 21 October 2011

You can file a fresh application, all you need a copy of death ctfkt of ur father and an affidevit disposing all legal heirs of ur father .

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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 October 2011

Dear nikitha

if you have filed a RTI application and within 30 days they are unable to reply or given information to you then you can file first appeal before appelate authority. you can also file a suit for declaration and get certificate through court.

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Aditi (N/A) 21 October 2011

Thanks Mr.Rajiv & Nadeem.

Is it a good idea to send a reminder letter to the PIO before filing the first appeal?

My father deposited some amount in bank for which he gave my name as Nominee. So in order to claim that amount the bank is demanding death certificate, heir certificate and indemnity bond which should be signed by all heirs.

Why is the bank demaning heir certificate where as the nomination is given already? Isn't just the death certificate enough? Or should we produce any document for the father-daughter relation? Can i claim that amount fully and re-distribute to the rest of the heirs?

Is the indemnity bond mandatory for the banks as per RBI guidence or law? why bank is demanding for it? Should i produce it? I know that the other heirs won't co-operate in this. So why should not i take the money now from bank? Plz advice.

Advocate Rajiv Mishra (advocate) 11 November 2011

Nomination doesn't mean tht u r the sole owner, u r just costodian of tht ammount, it will be distributed in all legal heirs as per their share.Only a will can make u a sole owner.

Aditi (N/A) 22 December 2011

I had filed the RTI application and sent a reminder after 40 days. But i have not received any reply so far. When i had to visit the Thasildar office for a different purpose, the incharge of RTI application handling spoted me and asked "are you the person who sent the RTI petition? and what information are you looking for? and the details of the deceased and the heirs."

I did not want to show the face by saying to look at the application. I just replied her questions and she asked me to give the mobile number(which she noted down behind some register without even writing the name) so that she will call me if they find the document.

Wondering the kind of work these people do. I will escalate to next level office soon as its already about 3months since i had filed that application.