Death of my father
venu
(Querist) 05 February 2012
This query is : Resolved
Sir,I lost my father around three months back.I have 2 sisters & 1 eldest brother.My father was a pensioner & ny brother is asking we sisters to give our ssc transfer certificate to obtain legal heirs certificate.
We are afraid that my brother may misuse & get the movable & immovable property to his name.
My father died without giving any nomination in the bank.he is having 6 lacs in his account.We all want equal share in it.
How to instruct the bank to stop the payment to my brother.
Please guide me who is the competent authority to issue legal heir certificate.
1.magistrate.
2.Mandal revenue officer.(MRO)
3. gezzeted officer.
I request all the experts to give their valuable advise.
Regards.
kalpana.
A V Vishal
(Expert) 06 February 2012
How to instruct the bank to stop the payment to my brother.
Give a letter to the banker not to make payment until the claimants are not identified individually so that the share may be given to each of the beneficiary.
Please guide me who is the competent authority to issue legal heir certificate.
1.magistrate.
2.Mandal revenue officer.(MRO)
3. gezzeted officer.
Mandal revenue officer.(MRO) in case your father was a government employee else you need to approach the court for a succession certificate.
venu
(Querist) 06 February 2012
Sri,Vishal Sir & Arunagiri sir,namaskar.
Thanks for your valuable advise.
Sir,I would like to know the following.
1.In case my brother has already applied for legal heir certificate at (MRO) Mandal revenue officer how to stop the authorities from issuing the certificate.
2.Will the concerned officer would ask for the physical presence of all the legal heirs to be present with authentic records to prove our identity.
We sisters doubt that our rother with the connivance of my mother is trying to get the legal heir certificate with out the knowledge of we sisters.
Please give your opinion.
Regards,
Kalpana.
adv. rajeev ( rajoo )
(Expert) 06 February 2012
The certificate issued by Tahasildar of the taluka is survivors certificate, it is not a legal heirs certificate.
adv. rajeev ( rajoo )
(Expert) 06 February 2012
to stop the payment in the bank you have issue a letter to the Branch Manager.
adv. rajeev ( rajoo )
(Expert) 06 February 2012
Even though he obtained the certificate and withdraw the amount nothing will happen, because if you filed a case against your brother claiming your share then he will have to pay.
venu
(Querist) 06 February 2012
Sir Namaskar to all experts who have given their valuable advise.Thanks to all of You sir.
I want to clarify ,if my brother has already obtained certificate from thasildar office or mandal revenue office & i want to know how we can make that null & void.
How can a thasildar or mandal revenue officer issue a legal heirs certificate with out our presence or application with supporting documents such as birth certificate & residential proof etc.
Please guide me,can a MRO issue a certificate to my brother with out our presence,only keeping his application as a base.
Sir,We sisters are totally perplexed.
Please give your valuable opinion at the earliest.
Regards.
Kalpana.
R.Ramachandran
(Expert) 06 February 2012
Dear Venu,
One cannot obtain a legal heir certificate or succession certificate withou disclosing the complete facts. For instance in your case, your brother ought to have given the names of all legal heirs and their relationship to the deceased. If he had not done, he will be under deep trouble.
So, instead of going on asking these types of queries, first inform the bank that there are more legal heirs. So the bank should not release any payment to anybody without getting appropriate succession certificate. Get acknowledgement from the bank.
In the meanwhile, you also independently apply for a legal heir / succession certificate.
M V Gupta
(Expert) 06 February 2012
I agree with the advice given by Mr. Ramachandran. Notify in writing the bank about the survivors of your father and request them not release the amounts without discharge from all the successors. You can also apply for heirship certificate. Heirship certificate will not be issued by the MRO without inquiry. He will depute his inspector to make local enquiry about the survivors and after due verification only the heirship certificate is issued. But banks will insist for succession certificate and not act on the heirship certificate.
prabhakar singh
(Expert) 07 February 2012
Move a representation to the Branch Manager telling all the facts and requesting him not to disperse the amount.
SDM/TEHSILDAR is the right person to issue legal heir certificate.
V R SHROFF
(Expert) 07 February 2012
Sent Regd Ad Letter / Hand Delivery to Branch Manager of Bank with A/c No. Detail etc, informing the Fact of death of your father, and a Dispute amongst all heirs .List of all heirs with Name Address Age & Relationship be also informed, so the Bank can communicate if needs.
Asking him, not to pay to anyone, unless all heirs come to amicable settlement.
Get Ack from Bank.
Meanwhile obtain succession/ legal heir certi.
malipeddi jaggarao
(Expert) 09 February 2012
While giving a letter to the Bank signed by the remaining legal heirs enclose the copy of death certificate of your father. Rest experts have guided you as above.
