Information on sucession certificate
Rajesh Chandran
(Querist) 13 October 2011
This query is : Resolved
Hi,
I am from Chennai. My father died in 2007 without leaving a Will. Myself and my mother are the only two legal heirs. My father had deposited some money in a bank abroad as he was working abroad. We have sent all the documents like Death certificate, legal heir certificate, etc, but now the bank is insisting on a letter of administration/succession certificate/probate and any legal document that states that only my self and my mother are the legal heirs. Can somebody help me with us....Thanking you
prabhakar singh
(Expert) 13 October 2011
Apply for it in civil court/city civil court/high court/[which ever having jurisdiction in your case on the basis of amount involved under section 372 of Indian succession Act, procedure laid down in section 373 would be followed,and certificate would be granted in form prescribed by section 374.
All three sections are reproduced separately for a ready reference,but you do need a lawyer for all this.
After order the court will ask you to pay prescribed court fees payable under stae law and on that very paper of judicial stamp the certificate shall be granted.
The steps are:
1]file the application u/s372 with information and proof desired there in.
2] deposit charges for service and publication of public notice in viting objection.
3]appear on the date of hearing ,prove the grounds.
4]the court shall order the grant and ask you to provide judicial stamp of the value required depending upon amount and law of state.
5]on deposit,certificate shall be issued on the same judicial stamp.
prabhakar singh
(Expert) 13 October 2011
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.
prabhakar singh
(Expert) 13 October 2011
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.
prabhakar singh
(Expert) 13 October 2011
374. Contents of certificate.- When the District Judge grants a certificate, he shall therein specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is granted--
(a) to receive interest or dividends on, or
(b) to negotiate or transfer, or
(c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of them.
ajay sethi
(Expert) 13 October 2011
you will have to engage a local lawyer in chennai for succession certificate
mr prabhakar singh has summarised the legal position .
Sankaranarayanan
(Expert) 13 October 2011
yes i too agreed with mr prabhakar ji suggestion.
Shastri J.K.
(Expert) 13 October 2011
I agree with mr.ajay sethi .
Guest
(Expert) 13 October 2011
in Chennai you have to get letter of adminisration from court. For which you require the death certificate and legal heir certificate and apply to the district court. may be you have to approach the highcourt for L A
