Expert help
khusboo verma
(Querist) 24 August 2014
This query is : Resolved
One of the leading bank is having lease agreement with widow z entered in year 2002 for a period of 5 year renewable after every 5 year if each and every conditions are satisfied by both (commercial property) to run a branch .She died in 2011 now bank refused to pay rent/consideration to her son asking her son to bring the ownership proof? Plz suggest what he can do now/what legal steps he can take?
Devajyoti Barman
(Expert) 24 August 2014
Son can produce death certificate and an affidavit stating his heirship.
Rajendra K Goyal
(Expert) 24 August 2014
Bank is justified in not paying the rent in absence of undisputed legal heir ship certificate. Son should formally apply with death certificate, heir-ship certificate and KYC formalities and copy of will if available.
Raj Kumar Makkad
(Expert) 24 August 2014
Legal Heirship Certificate should be produced before the bank and every other condition imposed by banker in this regard should also be fulfilled.
khusboo verma
(Querist) 24 August 2014
please teThe following Sections of Indian Succession Act would clear your query.
371. Court having jurisdiction to grant certificate.-The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.
372. Application for certificate.-(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, (5 of 1908.) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:--
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity
thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code. (45 of 1860.)
(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of
portions thereof.
373. Procedure on application.-(1) If the District Judge is satisfied that there is ground for entertaining the application, he
shall fix a day for the hearing thereof and cause notice of the application and of the day fixed for the hearing--
(a) to be served on any person to whom, in the opinion of the Judge, special notice of the application should be given, and
(b) to be posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit, and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary manner the right to the certificate.
(2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make an order for the grant of the certificate to him.
(3) If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto.
(4) When there are more applicants than one for a certificate, and it appears to the Judge that more than one of such applicants are interested in the estate of the deceased, the Judge may, in deciding to whom the certificate is to be granted, have regard to the extent of interest and the fitness in other respects of the applicants. ll me how to get succession certificate, what's its fee etc
Raj Kumar Makkad
(Expert) 25 August 2014
The above-noted provision relates with the succession certificate which is a very lengthy and time consuming process and even there is no such requirement in the given issue as bankers have simplified their process in releasing the balance amount of the deceased persons and you can take benefit theeto.
malipeddi jaggarao
(Expert) 25 August 2014
1. Obtain death certificate.
2. Legal heirship certificate from concerned revenue authorities.
3. Apply for mutation in the municipal/panchayt records.
4. Submit the proof of death certificate, legal heirship certificate and proof of mutation.
Is there any dispute about the legal heirship? If the bank suspects any problem, it will ask the claimant to produce succession certificate.
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
You have been advised the simple procedures to solve the issue, why do you complicate it.
