Praveen Rajendran (Manager) 09 October 2009
I have approached the Banks for the deposits of my deceased father and mother.I have the death certificates for both of them.But the Banks are asking for a sucession certificate.Is this necessary. If so what is the procedure to obtain this certificate.
Bohara P.Singh (advocate) 09 October 2009
Indian Succession Act 1925,-You are adviced to file a plaint according to the provisions of Civil Procedure Code 1908 duly singned and verified, before the Court of district Judge under sectio 372 of Indian succession Act 1925 the you be able to collect the intestate property of your parents left in Bank..
Bohara P.Singh.
Karl Jacob (Partner/Advocate) 09 October 2009
Yes you have to produce the succession certificate in order to prove that you are the proper legal successor to the assets of the deceased. You will have to file an application under section 372 of the Indian Succession Act, 1925 before the Judge of District Civil court of original jurisdiction within whose jurisdiction the deceased lastly resided or the assets lie. Application is to be made in the formt prescribed. The court fee for this may vary depending upon the value of the assets. The process of issuance of the Succession Certificate is a Summary Proceedings.
I have attached the Application for the Succession Certificate herewith.
I hope this will of some help to you.
J. P. Shah (RTI & CONSUMER ACTIVIST) 10 October 2009
As per RBI directives, Banks have been advised to settle death claims without insisting for succession certificate upto certain amount. Banks can obtain indemnity bond of heirs and two guarantors/surities and affidavit etc. This is subject to the condition that there is no dispute amoung legal heirs. U can get latest master circular of Nov 2008 on customer service issued by RBI from website www.rbi.org.in. In this cirular this point is reiterated.
J. P. Shah (RTI & CONSUMER ACTIVIST) 10 October 2009
I could locate details of RBI old circular on this issue which is still valid and reiterated in Nov 08 by RBI. I am attaching the same.
Nov 08 circular is at
Munshi ji ( kachehri ka munshi ) 11 October 2009
shah saheb aur kjaikab saheb dono log thik keh rehe hai. agar aap ke upar jaikab saheb waki salah laagu hot hoy ta kauno hushiyar munsh pakari ke succession wala faram bharway lena. ie faram chhapa - chhapaya atamp wender ke lage mil jayi. ek rupya dam laagi. karib saal bhar ka samay lag jai oder hove me, ajkal adalat me bahut bhid hai - hakim logan ke pas samay nahi hai.
hamre bhasa ke mafi dena, hum bahut puran munshi hai, puran bhasa hame sohat hai.
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