Query on legal heir certificate
HariGanesh
(Querist) 11 August 2015
This query is : Resolved
Respected Sir / Madam,
My Dad passed away in 2014 and we struggled hard to get the legal heir document includes my Mom's name, my younger sister's name and Mine. My Mom expired recently, please advise if a separate legal heir document needs to be applied or can I make use of the same that was received for My Mom's bank account closing procedure.
Thanks,
Hari
harikreative@yahoo.com
9962038683
Advocate M.Bhadra
(Expert) 11 August 2015
Legal Heirs Certificate and Succession Certificate are different matters,If the account holder died without mention nominee then bank can ask for a Succession Certificate for which granting authority is a competent Court.
For immovable property there is need of Legal Heirs Certificate.Issuing authority of Legal Heirs Certificate are different from State to State in India ,generally SDO or local authority are issue the same in some State and in others State the heirs can affirm and declare by an Affidavit.
Kumar Doab
(Expert) 11 August 2015
If the bank a/c had nomination then bank shall make payment to nominee without any witness/indemnity etc.
If the bank a/c had no nomination then bank can make payment to one of the legal heirs b y getting disclaimer from others , with witness/indemnity etc.
The legal heir ship certificate may not be required at all.
Rajendra K Goyal
(Expert) 12 August 2015
For Bank account payment of the deceased, where no nomination exist, you may submit document i.e. affidavit and indemnity from acceptable person, letter of disclaimer etc.
Alternately you can get succession certificate from the court.
malipeddi jaggarao
(Expert) 12 August 2015
That all depends upon the balance in your mom's bank account. If it is deposit account in single name of your mother without nomination you can follow the following procedure.
Reserve Bank of India vide circular No. DBOD.No.Leg.BC.95 /09.07.005/2004-05 dated 9th June, 2005 have issued detailed guidelines for evolving simplified procedure for settlement of claims in respect of deceased depositors. This model operational procedure incorporates the guidelines contained in the RBI circular.
Savings Bank account:
Without Nomination:
The balance outstanding will be paid to the legal heirs (or any one of them as mandated by all the legal heirs) on verification of the authority of the legal heirs and proof of death of depositor.
Term Deposit Account
Without Nomination:
The balance outstanding will be paid to the legal heirs (or any one of them as mandated by all the legal heirs) on verification of the authority of the legal heirs and proof of death of depositor on maturity of deposit.
Premature termination of Term Deposit Account
Without Nomination:
Premature termination will be permitted on joint request by all legal heirs (or any of them as mandated by all the legal heirs) as per the terms of the contract on verification of the authority of the legal heirs and proof of death of depositor.
Documentation
Documents which are required to be submitted along with the claim form:
1. Proof of death of depositor(s) or hirer(s).
2. Proof of identification of nominee(s) wherever applicable such as Ration Card, Election ID Card, PAN Card or Passport or any other satisfactory proof of identification acceptable to the bank or proof of authority of legal heir(s) wherever applicable.
You can download the above circular from Internet and follow the procedure.
P. Venu
(Expert) 12 August 2015
Thanks Mr. Jaggarao, for the very useful information.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 12 August 2015
Generally 1)heir certificate obtained from Tahasildar n Succession Certificate from Court. Without nomination requires either of this certificate.
2)If accepted abailable cert is ok elsw have to obtaon to claim amount
HariGanesh
(Querist) 14 August 2015
Thanks to all for your valuable responses. I am from Tamilnadu and have obtained the heir certificate from Tahasildar (which would include the nominee names of My Mom,Sister and Me). Can I make use of the same certificate for name transfer of the property and bank procedures for my Mom if required or do I need to go through the procedure of applying a separate one. Kindly clarify.
Thanks in advance.
Hari
T. Kalaiselvan, Advocate
(Expert) 18 August 2015
The legal heirship certificate you possess will be to that of the legal heirs of your father, now since your mother also died, a separate legal heirship mentioning the list of legal heirs of your mother need to be obtained.
HariGanesh
(Querist) 20 August 2015
Thank you for the next information. I greatly appreciate all your replies.
