Succession
Meg Nath Sharma
(Querist) 21 July 2013
This query is : Resolved
Dear sirs/madam
Ms. A (female unmarried)died leaving behind -80 years old mother, 4 brothers (all married) 4 sisters out of which elder is married..next cannot speak..next is okey(unmarried)...next youngest also cannot speak.
Now Ms. A has some bank balance in which her sister who is okey and umarried is nominee. but bank refused to pay her. Now she wants to apply for succession...
my query is .. is she(nominee sister) is eligible to file succession because mother is age old. Indian succession act 1925 does not speak about sisters and brothers as an immediate hairs in case of unmarried sisters when died.
Plz help
Thanks
MN Dhungel
Advocate M.Bhadra
(Expert) 21 July 2013
For Immovable property i.e.debts and securities, an application should be made to The District Judge under section 372 of the Act;
ii) the petitioner must sign and verify the petition;
iii) the residences of the relatives and family of the deceased must be mentioned;
iv) In case of The Hindu Succession Act (Act XXX OF 1956), the names of the heirs must be mentioned in the petition;
v) the right of the petitioner should be mentioned;
vi) Either Ordinary residence of the deceased, at the time of death, or the property of the deceased should be within the limits of the Jurisdiction of the Court concerned;
vii) the debts and securities as to which the succession certificate is applied for should be mentioned;
viii) the absence of any impediment u/sec. Sub section (1) of Section 370 of the Act or any other provisions of the Act or any other enactments to the grant of succession certificate or to the validity of it in case of it was granted, must be mentioned.
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 Sec. 16,--
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother,
prabhakar singh
(Expert) 21 July 2013
Only application of succession shall be moved under s.372 of Indian succession Act 1925.
But successors would be decided by Hindu Succession Act 1956.,and the heir would, in case in hand, be only mother and only she can apply for succession.If mother can not attend proceedings then she can execute a notarized PoA for the purpose in favor of nominee.
Rajendra K Goyal
(Expert) 21 July 2013
What are the grounds of refusal to pay the balance by Bank when nominee exist.
In case of nominee, succession certificate demand is irregular and against the instructions of RBI, Indian Bank Association.
The nominee sister should take up the matter with the Head office of the Bank, Banking ombudsman and RBI.
Even in non existence of the nomination Bank should proceed as per the directives of RBI and Indian Bank Association. It should receive Affidavit of known person declaring the names of legal heirs, indemnity from known person good for the amount, letter of disclaimer in case some legal heirs prefer to disclaim the deposit and related documents. this procedure is much faster and less expansive.
If the payment to nominee is refused by the Bank, or in absence of nominee through above procedure, a complaint to Parmanant Lok Adalat (Public Utility) or Consumer forum should be filed.
R.K Nanda
(Expert) 21 July 2013
nothing to add.
Meg Nath Sharma
(Querist) 21 July 2013
Thank you Rajendra K.
But what happens when the bank is not registered with RBI
Rajendra K Goyal
(Expert) 21 July 2013
No Bank can do Business in India without a license from RBI.
ajay sethi
(Expert) 21 July 2013
agree with rejendra goyal
