Person dies without will
PRAMOD KUMAR
(Querist) 18 May 2012
This query is : Resolved
Dear Sir,
Mrs. X dies without leaving a will. She had two sons and 1 daughter. Her husband is also alive.
She had a Savings account in a Nationalised Bank and the Balance is around 2,00,000/=. and there is no nomination done.
Now bank wants the signatures of all persons [Children + Husband] to transfer the funds to her Husband's Account.
One of the son refuses to sign.
What is the legal and valid remedy to get the funds transferred to husband's account.
Matter a bit URGENT.
Please do reply.
Thanks in advance.
Nadeem Qureshi
(Expert) 18 May 2012
Dear Mr. Pramod
according to section 372 of the Indian succession act 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
1. Ins. by the A. O. 1950. 2 The words" G.- G.- in- C." have been successively amended by the A. O. 1937 and the A. O. 1950 to read as above.
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) 1[ 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.]
they need this certificate.
Feel Free to call
A V Vishal
(Expert) 18 May 2012
15. General rules of succession in the case of female Hindus.-
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
The balance has to be divided into 4 parts and distributed amongst all the legal heirs on basis of succession certificate granted by court of competent jurisdiction, hence, get in touch with a local lawyer.
Shonee Kapoor
(Expert) 19 May 2012
If the lady was a Hindu, the opinion provided by Vishal is valid.
The son can block transfer of whole amount in husband's account.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PRAMOD KUMAR
(Querist) 19 May 2012
Dear Sir,
Thanks all for your valued opinion.
If the opinion of Vishal Sir is correct, can at least 75% of the share Rs, 150000/= be transferred to son, daughter and husband and the balance left to be remaining in the SB Account.
Please advise.
Thanks again.
Pramod
Anirudh
(Expert) 19 May 2012
Dear Mr. Pramod,
Since the amount lying in the SB A/c. of the deceased lady is more than Rs. 1 lakh, and there is no nomination, the bank will insist for succession certificate.
1. Therefore, the husband has to first apply for and obtain succession certificate.
2. Once succession certificate is obtained then all the persons mentioned as legal heirs in the succession certificate are entitled to get equal share (in this case 1/4th share) in the amount lying to the credit in the account of the deceased lady.
3. The daughters have to give no objection in favour of their favour.
4. Thus on the basis of the succession certificate and the NOC given by the daughters, the husband of the lady will be able to get 3/4th share transferred to his account.
5. The son has to make a claim and get 1/4th share.
6. Without following the above steps, it will not be possible for the husband to get 75% share of the amount.
J K Agrawal
(Expert) 19 May 2012
You should have to obtain succession certificate. The bank will not transfer a single rupee apart that.
K.K.Ganguly
(Expert) 21 May 2012
Succession certificate is a must for the Bank to act & pass on any amount to the heirs.
