LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajinder Singh (Officer)     17 December 2009

If i have will then do i need succession certificate?

Last month my father got expired. he have deposit of 14lac without nomination in SBI bank. Me, my brother and my mother are only legal heirs. Me and my brother r both major. My dad made registered will in favor of my mother. Now bank is asking for succession certificate or probate on will to claim money. there is no dispute among us regarding share. we just want that money get release from bank in any way. As per RBI guideline bank cannot insist legal heir for succession certificate unless there is dispute among legal heirs irrespective of amount invovled. 

Can i get money without probate and succession certificate in my mother favor only or in us all?



Learning

 14 Replies

Adv. Deepak (Advocate)     17 December 2009

You may request the Bank Officials that apart from your mother, all the other legal heirs are ready to give indemnity bond to the bank authorities, that you all have no objection to make payment of money to your mother and in case, there arises any dispute in future in respect of money paid to your mother, you will indemnify and keep indemnified the bank authorities for any losses that may occur because of such dispute.  There should be no obstacle for bank authorities to make payment on receipt of such indemnity bonds from all the legal heirs.  Regards.  Adv. Deepak ddkharpudikar@indiatimes.com

Arvind Singh Chauhan (advocate)     18 December 2009

I think bank would not accept your request because there is a huge amount.

R.V.RAO (retired)     19 December 2009

it is courts who insist on will .

banks and nbfcs alwaya ask for succession certificates.

better course is to show will to bank and if bank rules do no approve will to make payments to mother , better give indemnity as stated by our advocate brother, above and get money from bank.

THIS IS THE REASON WHY WE  ALL NEED TO HAVE JOINT ACCOUNTS IN BANKS AND JOINT NAMES IN PROPERTY DOCUMENTS.

R.V.RAO

 

Parveen Kr. Aggarwal (Advocate)     22 December 2009

The purpose of asking for 'succession certificate' is to avoid bank from litigation in case of dispute among heirs of deceased account holder. In case, there is no dispute among heirs the bank cannot insist for succession certificate more particularly if all the heirs are ready to furnish indemnity bond to the bank to indenminfy it in case any loss is sustained by the bank for any claim raised by any person regarding the deposits.

Adinath@Avinash Patil (advocate)     22 December 2009

AS PER GUIDE LINES OF RBI BANK IS CORRECT. WITHOUT PROBATE/SUCCESSION CERTIFICATE BANK WILL NOT GIVE YOU MONEY.

Rajinder Singh (Officer)     22 December 2009

Bank doesnot have any right to claim probate or succession unless there is no dispute among legal heirs.

There is no RBI guideline regarding this. Here is RBI guideline in which RBI advised bank to adopt simple way to settle the claim

https://www.rbi.org.in/scriptts/NotificationUser.aspx?Mode=0&Id=2284

On Website of SBi...SBI itself written that bank cannot ask succession certficate irrespective of fund invovle

javascriptt:setViewSectionValues(0,'0,453,102,505,591');%20submitpage('frmViewSection','viewsection')

Rajinder Singh (Officer)     22 December 2009

sorry dispute among legal heirs

Parveen Kr. Aggarwal (Advocate)     22 December 2009

In case your father expired without making nomination and there is dispute among the legal heirs then the bank is right in asking for either the succession certificate of for probate of will because that is the only way for bank to discharge its liability in a legal manner.

Parveen Kr. Aggarwal (Advocate)     22 December 2009

In case your father expired without making nomination and there is dispute among the legal heirs then the bank is right in asking for either the succession certificate of for probate of will because that is the only way for bank to discharge its liability in a legal manner.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 December 2009

Mr. Rajinder Singh,

Where your father has left a validly executed Will, all his estte vests in the executor of the Will and no Succession Certificate can be granted in respect of any part of his estate. The grant of such a Succsession Certificate is barred by Section 370. AIR 1938, nAG. 47. It has already been pointed out that where a Will has been left behind, the appropriate course for the person benefited under the will is to apply for a probate under Section 213 of the Succession Act. Section 370 enacts a bar for the grant of a Succession Certificate in cases where a probate has to be necessarily obtained by an executor under Section 213 of the Succession Act. But a probate is not necessary for the establishment of a right under a Will by a Hindu where provisions of clauses (a) and (b) of Section 57 are not attracted. A succession certificate can therefore, be granted inspite of the fact that there is a will which does not require a probate under Section 213. Smt. Pitmo vs. Shyam Singh, AIR 1978 All. 301

N.K.Assumi (Advocate)     31 December 2009

Very good explaination Ramcharya, I appreciate it.

J. P. Shah (RTI & CONSUMER ACTIVIST)     31 August 2010

Please peruse para No. 20 of RBI master circular on customer service available at https://rbidocs.rbi.org.in/rdocs/content/PDFs/DBODMC010710.pdf. In case branch is still insisting on probate etc, please scale up to their customer service dept at HO of the bank. Usually branches do not have detailed knowledge on settlement of death claims.   

raj kumar ji (LAW STUDENT )     20 September 2010

only u can obtain succission certificate from the court not necessary for probate .

i also agree with   ramachary sir .

Advocate.S.A.Siddiq (Advocate)     09 December 2010

First get , dead certificate of your father and legal heir certificate from Revenue Department also file the succession O.P. to court and get the order from court


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register