Succession certificate

Approach advocate and obtain succession certificate  from Court and submit it to Bank.

You can apply for succession certificate from competent court, if necesary you can file a petition before the same court seeking to direct the bank to furnish the account statement for paying appropriate court fees for issuing succession certificate

The bank shall provide complete details of the deceased's account in the petition for succession for which you will have to seek professional services of a local prudent lawyer.

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.
Regards

Prateek Tigala

(Advocate)

Now the branch manager is stating me to write a letter of undertaking stating  that i am requesting you to issue current statemtb of deceased account, hoevr my brothed has denied to comento settle in the matter, hence if any objection from my brother bank is not responsible ans that i will be held responsible, please assist is therr a format for letter of undertaking

You can take the assistance of a local advocate to prepare the appliaiton in the requisite format.

Contact, consult and engage a local prudent lawyer for proper analyses of facts/ documents, professional advise and necessary proceeding.

Yes, you advocate is the best person to assist you.

 Once the succession petition ifiled, you can seek directions to the Bank to produce the requisite documents.