Bank operation & legal heir
lakshmi
(Querist) 17 June 2013
This query is : Resolved
My father, a small business man died in sudden road accident. I & my father is partner of the firm. According to deed only my father has right to sign the cheque. After his death I had decided to run the business by putting my only younger sister as another partner. But bank a/c of the firm cannot be operated as bank manager ask for legal heir certificate. He said only credits is allowed and no debits is allowed. our major problem now is our clients are asking for payment. I cannot take even single rupee from my father's account. my mother applied for Legal heir certificate by putting my name and my sister name as 1st & 2nd legal heirs and my father's mother as third legal heir. my grandfather had died b4 my father. my father has 2 brothers and 2 sisters. our grandmother demands heavy cash to put sign as legal heir. we cannot afford to provide that huge amount. so our legal heir certificate is delaying. If I got legal heir including her name & without her sign, whether bank account can be operated? please provide solution to my problem.
i like to add addtional info. that the firm was started b4 20 years by having my father & 2 of his friends as partner. a4 misunderstanding between them the case was taken to court. judgement was in my father favour and firm was handed over to him to run it.final hearing is still pending.so my father registered new reconstituted deed by putting him and me as partner.there is a clause in deed that partnership is a general partnership and not at will. another clause state that a4 death of a partner the partnership will not be dissolved but carried on by another partner by putting legal heir of the deceased partner.so, now i have put reconstituted deed by putting my sister (one of the legal heir) as another partner.i also want to know whether for registering this new reconstituted deed legal heir certificate is necesssary?
ajay sethi
(Expert) 17 June 2013
you may need succession certificate from court . if however the bank is willing to permit legal heirs to operate bank account on issue of legal heir certificate then it would suffice .
legal heir certificate is issued by tahsildar after making enquiries as to who are the legal heirs . i the present case the widow , children and mother are legal heirs . the tahsidar may insist on sworn affidavits by legal heirs for issue of certificate . if the grand mother refuses to furnish affidavit certificate may not be issued .
ajay sethi
(Expert) 17 June 2013
for instance in kerala legal heir certificate would be issued wherein amount involved is not more than Rs 5000 . if it is more than Rs 5000 then succesion certificate would be required
kerala.gov.in/index.php?option=com_content&id=2276:faq...‎
Legal Hiership
How To Apply?
No specific application form is available. For Certificate for claiming upto Rs. 5,000/- from any bank etc.., the application is to be submitted to the concerned Tahsildar. For that, an application in white paper with Court Fee Stamp worth Rs. 5/- has to be submitted before Tahsildar.
Where as for Certificates claiming more than Rs. 5,000/- from any bank etc.. Succession certificate from a Civil Court have to be acquired
Whom to apply?
For Certificate for claiming upto Rs. 5,000/- from any bank etc.., the application is to be submitted to the concerned Tahsildar. Where as for Certificates claiming more than Rs. 5,000/- from any bank etc.. Succession certificate from a Civil Court have to be acquired.
Documents required-
Death Certificate
NOC from the legal heirs affidavit from two neighbours
Fees Nil
Mode of payment-Whom to pay Nil
Mode of payment-Where to Pay Nil
Time Limit-For Submission Nil
Time Limit-For Issue Nil
Approval Authority-Tahsildar
Enquiry- Village officer
Approval Procedure- If the objection is received within the statutory period of 30 days, a detailed further enquiry will be conducted and evidence taken ascertains the actual Legal Heirs.
Exclusions-Nil
Special Conditions- No, the certificate can be used for any other purposes by the Legal Heirs of the deceased to show the actual heirs of the deceased
Appellate Authority-Nil
Grievance Redressal-Nil
