Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Govardhan (private employee)     03 February 2010

Regarding Succession Certificate

 

My mother got expired. She have deposit of 14lac without nomination in a bank at lucknow. At present i am working at hyderabad. Me, and my sister are only legal heirs. My mom made registered will in my favor. Now bank is asking for succession certificate to claim money. My quarries are as follows:

1. Can i get the succession certificate from hyderabad or i have to go lucknow? as the account is there in lucknow.

2. How much % i have to pay in the court as court fee in hyderabad or at Lucknow .

3. Howmany days it will take to get the certificate?

Pls. provide the above details.

Regards,

Govardhan



Learning

 11 Replies

R.R. KRISHNAA (Legal Manager)     03 February 2010

You have to file the succession certificate at lucknow only as the account is there.

 

% of stamp duty will vary from state to state.

 

 


(Guest)

Hi,  If bank asks for successon certificate you have to file application in Lackhnow court, after filing you may get certificate  in 6 to  8 months, stamp duty varies so I can not make statement about that, but you have to pay stamp after final order of court, and then the order will be typed on that stamp paper and that is your certificate.One more thing if your sister wants her share then you both have to apply that is you both are applicants, you can apply on her behalf by getting power of attorney from her, then she will not have to come to Lukhnow court. If she donot want her share then she have to say the thing before court, so certificate will be issued in your name only.

V. VASUDEVAN (LEGAL COUNSEL)     03 February 2010

 Once the Will is executed, there is no need to go for a succession certificate. You may produce a copy of the will along with the original will for verification and claim money. There is no need to probate the will since - the property is moveable (fixed deposit). Even for movable property the need for probate arises only in the presidency of Madras/Bombay and Calcutta. At the best the bank may ask for an indemnity which you may execute. If the bank declines to release the money based on will refer the matter to the RBI.

vasudevan

Govardhan (private employee)     05 February 2010

Thank you for your reply. If there are two accounts in two different banks, is one certificate  enough for the both banks? or i have to take two seperate certificates on the two different banks.

V. VASUDEVAN (LEGAL COUNSEL)     10 February 2010

Please produce two sets of attested copy of the will and separate indemnities in favour of the respective banks 

jeetendra lotlikar (partner)     09 March 2010

Sir can you let me know is any limit for getting the succession certificate as after my father death there is only 6 lakh FD and the Nominee was my uncle but as i am the only legal heir the nominee is ready to give an undertaking that i am the whole and soul 0wner of the FD's . As the FDS are in Co-operative credit Societies  they are demanding for the succession certificate. I have been informed by one of my friend that upto 10 lakhs of the FD NO Succession certificate is required, Isnt it true Sir

 

thanks

Jeet

girishankar (manager)     20 March 2010

Mr Vasudevan Ji is right

Suryanarayana Tangirala (Advocate)     23 March 2010

You need to obtain Succession certificate its wrong info that u need not obtain succession certificate for amount less thanRs 10L ,i feel u r under impression that u r uncle will get the money from socitey,u r uncle is only a nominee,a nominee can only distribute amounts amongst legal heirs,he may be be one of the legal heirs of the decesaed.approach a lawyer and get things done.

Suryanarayana Tangirala (Advocate)     28 March 2010

Mr. Govardhan you can file a case where- ''the deceased ordinarily resided at the time of death or,if at that time he had no fixed place of residence,the District Judge,within whose jurisdiction any part of the property of the deceased may be found,may grant a certificate'' make both the banks as parties to the case also u need to take letters from banks asking you to obtain your siblings are to be made party if they join u as a Petitioner as a co-Petitioner else they can be arrayed as Respondents along with bank(s),even if all of u are Petitioners certifiacte will be issued only to one person.

girishankar (manager)     28 March 2010

Dear Govardhan sir,

To my Knowledge there is no need of a succession certificate to get any amount from the society where your father has Nominated your Uncle as a Nominee. U get the money from the society {i:e } Nominee by producing the Death certificate of your father. No need of a legal Heir certificate Since thier is a Nominee.

As per Luchnow Bank matter  Mr Vasudevan Ji is right Please produce two sets of attested copy of the will,Legal Heir Certificate,and NOC from legal Heirs and separate indemnities in favour of the respective banks ....

rahul (csa)     08 July 2012

Sir 

   i am from ongole (A.P) . sir i filled a succsession certificate . and papera and has done at the time of court period if Respondents  will not come means succsession will be given or not and still how much time it may take


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