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Anonymouss (others)     01 May 2023

Movable property

my father has died incessant and has left a high value amount in the bank  , however there is no nominee to the bank ,

I am unmarried and I am taking care of my mother , now me and my mother are trying to claim it wat is the process and wat do i need to be careful on while hiring a counsel  for that ,

my mother and me are on cordial term , however my elder brother is married and is not willing to sign the document which the bank  has provided , 

i want to get my share of funds equally so does my mother how can i approach the court 



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     01 May 2023

You can obtain a succession certificate from a court of law containing the list of successors in interest to succeed to your deceased father's moveable and immovable assets left behind by him upon his intestate death and then file the application for your shre in the claim amount.

You and your mother can request the bank to settle the claim amount pertaining to your share alone to you both if your brother is not willing to cooperate with you in this regard. 

1 Like

Anonymouss (others)     01 May 2023

Do i still  have to apply for succession certificate if  i have the family certificate 

P. Venu (Advocate)     01 May 2023

In view of the prevailing dispute, the Bank would be insisting for the Scuccession Certificate.

Anonymouss (others)     01 May 2023

thank you sir for all the reply and thank you for taking time, 

may i please know wat would the list of documents be inorder to apply for succession certificate and wat points do 

i need to keep in mind while applying for succession certificate and wat will be the time period to get the succession certificate

and will my brother also be notified and  will he still deny to come forward and will he stop me and my mother from taking my share of  funds 

Advocate Bhartesh goyal (advocate)     01 May 2023

Yes, you need to get the succession  certificate  from competent  court.

Anonymouss (others)     01 May 2023

thank you sir for  the reply and thank you for taking time, 

may i please know wat would the list of documents be inorder to apply for succession certificate and

wat points do  i need to keep in mind while applying for succession certificate and wat will be the time period to get the succession certificate and will my brother also be notified and  will he still deny to come forward and will he stop me and my mother from taking my share of  funds 

 

T. Kalaiselvan, Advocate (Advocate)     02 May 2023

For applying for a succession certificate you need to file a succession petition before the court competent and for that you have to attach the death certificate of the deceased, copy of the bank account statement of the deceased, and the proof of any other asset to which you seek succession certificate besides this bank balance,

You can approach a local lawyer who will be able to explain and assist you about all the other equirements on  the basis of local practice and procedures. 

Dr J C Vashista (Advocate)     02 May 2023

I concur and appreciate the opinion and advise of learned experts, file a petition for succession of movable and immovable properties left behind by deceased through a local prudent lawyer.

Adv. Mohit Chahal (Advocate)     02 May 2023

Dear Querist

In the given circumstances your father has died without nominee of his bank account nor any Will for his property to be disbursed. Therefore, all legal heirs including widow and two sons of deceased are entitled for equal share in property of the deceased.

You all 3 legal heirs are entitled for 1/3 rd share each.

Now, you need to file civil case for obtaining succession certificate in which you and your mother shall be joint plaintiffs and your bother and general public shall be Defendants.

It would be better to hire a lawyer for filing civil case.

Feel free to contact for further clarifications.

Regards
Mohit Chahal
Advocate
WhatsApp No. 9968911099

https://mohitchahaladvocate.business.site


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