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Ashwin   03 February 2019

Procedure to get succession certificate


My friend's mother had fixed deposite account with Bank and in joint name with her mother. Now both are expired and there is no nominee registered. So bank asked my friend to take Succession certificate from court and claim for this fixed deposit account. So want to know from where to get application form for Succession Certificate and how to procceed? Does he need to hire a lawyer or he can apply himself as bank person told him to contact lawyer to get succession certificate.




 11 Replies

Suhail suhail (LAWYER)     03 February 2019

Just tell your freind to contact a laywer,he will file the application for issuance of Succession Certificate in the District Court.


P. Venu (Advocate)     03 February 2019

Yes, succession certificate needs to be obtained through the Civil Court.

Shashi Dhara   03 February 2019

Heavy amount or less amount.if less amount why they insist him to goto courtand to obtain succession certificate .they can take indemnity guarantee bond with g tree and other necessary documents to release amount. If they know them personally they can transfer the amount to him .if every one goes to court for silly reasons to court it will be full of silly cases . when I was bank advocate I was not encouraging them to approach court for silly reasons to harass which simply increases workload for every one.result nil.

Ashwin   04 February 2019

Amont would be higher, because they are saying him they need to get approval from legal team before releasing amount. Can he directly go to court and apply for succession certificate? 

Shashi Dhara   04 February 2019

Legal team is in ivory room.they sit in Hava Mahal and give ghandari opinions

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 February 2019

Going to court for a succession certificate is not like going to court with a dispute. There is a set procedure for applying for succession certificate and it has to be followed. 

ADVOCATE Ravikantsoni (advocate)     10 February 2019

you can file a application for succession certificates uder section 372 indian succession act 1925 . for more informetion you  read part X of this act

Ashwin   11 February 2019

Agree with OM PRAKASH. Because my friend contcted 2-3 lawyers, all said it is too much lenghty work and too much complicated,etc. Also when he asks about fees, no one tells fees amount clearly, but everyone says bring all documents and about fees we will see later. So he is much frustrated. So I am helping him by searching details online. So I am asking is there a way a person can direcly approach court and get succession certificate or lawyer must be needed.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 February 2019

The major cost to obtain a succession certificate is court fees. It will depend on the value of the property with an upper limit of Rs.70000/- or so. As you are in Mumbai, there is a Bombay High Court decision that, in order to determine the court fees on a flat, the book value of the flat and not market value should be taken into account. There are lawyers, who would help you for a nominal fee or even without any fees. One of my former colleagues (also a retired scientist, a Ph. D., but now a practicing lawyer) helps people in property matters.






Ashwin   15 February 2019

Thank you Ramani Sir. Actually my friend is living at Vadodara (Gujarat) and he need to issue succession certificate from Vadodara. From where we can know Fees? Any window at court or need to go to inquiry or some place at court for such fees?

Ashwin   15 February 2019

Thank you OM Prakash, I will inform my friend to visit court once and get details.

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