Master the Science Behind Firearm Evidence. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Maria (Teachedlr )     19 September 2025

Succession certificate

hi i have a query , off late my father has expired, we are 3 members int the family, my father has a immovable assest left on his name in the bank, however there is no nominee

i have an elder brother married 

then mom who is 65 years plus

and myself unmarried

i would like to apply succession certificate as i would like my amount to be taken my share

however i asked my mom to come forward and she is not , wat are my options and how much share am i liable  as a legal heir, i would like to know as my brother is also not coming 



 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     19 September 2025

Obtain the death certificate of your late father and the legal heir certificate from the authorities concerned.  As your father did not nominate any person, your mother, brother and you shall give a notarised affidavit enclosing the copy of the death certificate of your father and the legal heir certificate and request the bank authorities to pay the amount to one of you.  You, your mother and brother have an equal share in the immovable assets.

Maria (Teachedlr )     20 September 2025

but even for legal heir certificate my brother is denying to sign 

T. Kalaiselvan, Advocate (Advocate)     20 September 2025

Presuming tyou are Hindu by religion, you are entitled to an equal share in all the estates and assets left behind by your deceased  father at par with other legal heirs. 

You can apply for legal heirship certificate however all the other legal heirs also have to sign the applicaiton to be submitted to the revenue department to issue the legal heirship certificate.

If they don't cooperate and the revenue department refuses to issue the certificate in the absence of the joint applicaiton you can file a suit for declare you as one of the legal heirs and  mandatory injunction against the Tehsildar to direct him to issue the legal heirship certificate, the other legal heirs can be impleaded as defendants since they are not cooperating with you for this purpose. 

1 Like

Dr. J C Vashista (Advocate )     20 September 2025

Very well analysed, explained, opined and advised by learned senior experts, which I endorse and appreciate their accumen.

Obtain legal heir / surviving member certificate from revenue authorities and file a petition under the provisions of Indian Succession Act, 1925 for an equal share (if you are a Hindu) in the bank balance left behind by your deceased father.

Seek professional services of a local prudent lawyer for proper guidance and necessary proceedings.

P. Venu (Advocate)     22 September 2025

Have you approached the Bank? What is their suggestion?

Moreover, the facts posted suggest deeper issues. Please post complete facts.

pankaj verma   22 September 2025

You have to file a case...and definitely u will get it share if there is no any will

Contact us 9816374011...

Maria (Teachedlr )     23 September 2025

I really want to thank all the respectful and senior advocates for all the replies they have shown ,

i am thank ful , yes sir i have approached the bank , bank authorities have mentioned that we come to a agreement and sign else they amount will stay like that only in the bank 

hence i want to put it to court  or file a petition in court ,

T. Kalaiselvan, Advocate (Advocate)     26 September 2025

You are welcome for your appreciations.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register