Pushkar (DR) 31 January 2013

Legal heirship certificate

Deer experts,

Facts are as follows. My father recently expired. He had a registered will in my favor although we are 5 brothers and sisters as I took complete care of him in his old age.

I need some information from the bank where he had an account so that I can make sure that I know of all his assets. One of my brothers works in that bank so in collusion with the bank they have not provided any information so far and asked for a legal heirship certificate.

On enquiring, I was told that the legal heirship certificate will contain the names of all my brothers and sisters even if the registered will is there in my favor and that I will need to provide there ids as well. Its understandable that they will not give me thir ids as they have been given nothing in the will. I was also told that only the succession certificate can have my name. The legal heirship certificate will contain name of all 5 heirs.

Is it true. I am a bit confused.

Reply Follow

5 Replies

Bharatkumar (ADVOCATE ) 31 January 2013

U GIVE APPLICATION AT TALATI / TAHSHILDAR FOR GIVE LEGAL HEIR CERTIFICATE AND WITH APPLICATION U GIVE ONE AFFIDAVIT AND THEN TALATI/TAHSHILDAR CONTACT U OR YOUR BROTHER AND SISTER AND THEN MAKE A LEGAL HEIR CERTIFICATE AND HIS SIGN AND STAMP ON THIS PAGE AND THEN U SUBMIT THIS CERTIFIED COPY GIVE ANY RELATED OFFICES.

Pushkar (DR) 31 January 2013

Thank you sir for your reply. Sir I wanted to know that because the will of my father is in my favor shouldn't the legal heirship certificate contain only my name and not any of brother or sister's name.

Om Prakash Dhusia (HR assistant) 31 January 2013

Mr Pushkar, remember the will could be challenged in the court if your siblings wont accept it no matter it is genuine document. First of all get their approval so that they all submit NOC before the concerned authority otherwise it is not a piece of cake. Talk to yoursiblings and get the job done as advised by Mr BharatKumar.

shaikh sattar dawood (advocate) 01 February 2013

Dear, getting information as to assets of your father from the bank is not that much hard task. Now as far as heir ship certificate is concerned, if there is an amount less than Rs. 25,000/- deposited with Bank by your father and on Bank's Pass-Book if all or any of you nominated as nominee, in such case you may simply withdraw the laying amount by way of executing indemnity bond. And in case where the laying amount is more than Rs. 25,000/- then you are required to file a Civil Miscellaneous Application with the proper Court having jurisdiction, under section 372 of the Indian Succession Act and get issued the Succession Certificate in the name of legal heirs of your father and file the same in the Bank concerned...Hop you got that what was searching for, All the Best!

Pushkar (DR) 02 February 2013

Thank you experts. I understand your opinion. But my brothers and sisters have refused to give any NOC or id for the legal heirship certificate. My plan was to use this certificate to obtain all information from bank and then based on that apply for a succession certificate in civil court. Getting the information from bank is prving to be very hard as 1 of my brothers work in the same bank and the bank officials have colluded and are asking me for legal heirship certificate which cannot be obtained without my brother and sisters consent. My brother who works in that bank has all the account documents with him and refused to give them even to my father when he was alive and is refusing to give me the same. That is why I am stuck completely as no one is co operating at all.