Property law

Legal Opinion

Facts

The applicant's father has passed away, leaving a bank account with no nominee. The bank has refused to provide the latest account statement and has informed the applicant that it will do so only upon an order of the competent court. The applicant wishes to obtain a succession certificate.

Issues

1.    Whether a bank can refuse to provide the account statement of a deceased customer to a legal heir?

2.    How can a succession certificate be obtained without the bank statement?

Findings

Under section 372 of The Indian Succession Act, 1925, a succession certificate is issued for debts and securities owed to the deceased.

The petition is ordinarily filed before the District Judge (or the court having jurisdiction under the applicable State notification) where the deceased ordinarily resided at the time of death.

The petition generally contains:

• particulars of the deceased;
• date and place of death;
• details of the legal heirs;
• the debts and securities for which the certificate is sought; and
• the relief prayed for.

Bank Statement Not Mandatory at Filing

If the bank refuses to provide the account statement, you may still file the petition by mentioning:

• the name of the bank;
• the branch;
• the account number (if known); and
• that the exact balance is not available because the bank has declined to disclose it without a court order.

You may request the court to direct the bank to produce:

• the account statement;
• the balance as on the date of death; and
• any details of fixed deposits or other deposits standing in the deceased's name.

Courts routinely issue such directions during succession certificate proceedings.

Bank's Position

Banks generally avoid releasing detailed account information to persons who have not yet established their legal entitlement, particularly where there is no nominee. If the bank has asked for a court order before releasing the statement, obtaining such an order through the succession certificate proceedings is an appropriate course.

Relief to Seek

In your petition, you may request that the court:

1.    Issue a succession certificate in respect of the deceased's bank account(s); and

2.    Direct the concerned bank to produce the account statement and certify the balance standing to the credit of the deceased as on the relevant date.

Documents Usually Required

You should keep the following ready:

• Death certificate of your father.
• Identity and address proof of the petitioner.
• Details of all legal heirs.
• Family tree/legal heir certificate (if available).
• Bank passbook, account number, or any document showing the existence of the account.
• Details of any other debts or securities, if applicable.

Opinion

The bank's refusal to provide the statement does not bar your claim. You can file the succession certificate petition even without the current statement and request the court to call upon the bank to furnish the account details. Once the succession certificate is granted, the bank is legally protected in releasing the funds to the certificate holder in accordance with the certificate.

1.  If the Will is valid signed by the testator and attested by two witnesses, clearly identified the beneficiary then obtain the probate from the District Court and submit to the Revenue authority for mutation of the property.

2.  Consult a local prudent lawyer who will facilitate the mutation and other necessary issues to resolve the long pending issue.

The death was occured 15/16 years back. Why have you been silent all these years?  Is this a real story or a time-pass query?

15-16 years are stated to have been passed after death of testator and there is no dispute in the duration, implies the Will has been validly executed and opertaional.

Show the document to a local prudent lawyer since there are certain doubtful circumstances exist in the facts posted    

Ifs and buts make the situation as fabricated for the sake of debate on the issue, however, what is your locus standi ?

By applying for transfer of revenue records in his favour by the beneficiary by enforcing the Will and complying with necessary formalities, he can claim the ownership title to the bequeathed property.