Legal heir certificate
N Padmanabhan
(Querist) 26 October 2013
This query is : Resolved
Respected Sir/Madam,
I am from Chennai, I lost My Maternal Uncle Shri K Sundaram on 19.02.2011 and My Aunt on 18.03.2011.at Trichy. They are Issue less. In the year 1980 My Uncle asked my father to adopt me but my dad denied. As per his wish I lit the pier for both of them. We sold our Ancestor Property at Trichy and took the proceedings among ourself. All went in four directions. My Uncle was a retired Engineer from All India Radio. His Pension Fund is Lying in the Bank Account. I have an account in the Bank. I want to get Legal Heir Certificate. Please Guide and Help.
With Regards,
N Padmanabhan
Anirudh
(Expert) 26 October 2013
Dear Padmanabhan,
In regard to the bank account, you have to find out whether your uncle has proposed any 'nominee'. If so, then that nominee can approach the bank, prove his credentials and simply withdraw the money and then distribute it equally amongst all the legal heirs.
In case your uncle has not indicated any 'nominee', then you have to apply to the Court concerned for grant of a Succession Certificate. Succession certificate is required for movable property (balance lying in bank account is a movable property). The legal heir certificate is required in respect of immovable property.Legal heir certificate will be granted by the Tehasildar concerned. I don't think you need legal heir certificate now.]
In the application you have to indicate all the names of the legal heirs, their relationship with the deceased. You also have to attach the original death certificate of your uncle.
You have to indicate the amount lying with the Bank and also have to pay the prescribed court fee for grant of the succession certificate.
The Court, after making due verifications, will grant the succession certificate. On the basis of the succession certificate, you can approach the bank and withdraw the amount lying in the account.
N Padmanabhan
(Querist) 26 October 2013
Mr. Anirudh,
Thanks for your prompt reply. There is no nominee for the account. The Branch Manager wants the legal heir certificate. With this property our family disintegrated. No body cares about that money from the bank. Also no contact with anybody. Some stays here and Others went Abroad. They say let the money go to the bank. I took more pain in performing the rites and disposing the property. Nobody turned up for the last rites. But they want money. Moreover in the shifting I lost the passbook of the bank. How long it will take for the succession certificate to come from the court?
Thank you Sir,
With Regards,
N Padmanabhan
Anirudh
(Expert) 26 October 2013
Maximum 6 to 9 months.
Rajendra K Goyal
(Expert) 26 October 2013
In case of no nominee, Bank will not accept anything but the succession certificate as your uncle and aunt expired intestate and leaving no class I heirs.
You may try, the money will be distributed among all the heirs. What purpose would be served in leaving the deposit with the Bank.
N Padmanabhan
(Querist) 26 October 2013
Respected Sirs,
As they resided and deceased at trichy,Do I have to apply the succession certificate there or in Chennai.
Others took money and went, again bringing all together is a Himalayan task.
Without them can I apply?
One more thing I lost the Pass book of my Uncle.
Thanks for your reply,
With Regards,
N Padmanabhan
Devajyoti Barman
(Expert) 26 October 2013
Succession certificate can be applied for in either of the places where-
1. Any of the properties of the deceased is lying,
2. where the deceased breathed his last.
Rajendra K Goyal
(Expert) 26 October 2013
Pass Book will be issued Duplicate, you may apply after mentioning all conditions. Normally Bank does not issue duplicate pass book to third party.
Anirudh
(Expert) 26 October 2013
You have to apply at Tiruchy.
Non-availability of Passbook will not be a big issue. After all, the account is being maintained by the Bank and they definitely know the balance in the account.
malipeddi jaggarao
(Expert) 27 October 2013
Well advised by expert Mr.Anirudh.
It is not necessary that you have the pass book. If you know the account number that is enough to complete the process.
You should understand unless a succession certificate is obtained and submitted to the Bank, Bank will not handle the case and part with the money in the deposit as the deceased do not have Class I legal heirs.
Bank Manager must have asked you to submit the Legal Heir Certificate as he might not be knowing the difference between LH Certificate and Succession Certificate. Once you obtain the succession certificate, he will not insist for legal heir certificate. But in the bank also application has to be filled-in by all the persons mentioned in the succession certificate. If they wish they can nominate one among all to receive the money on behalf of all the successors. It is really a lengthy process and unless you get the co-operation from other successors, it is difficult for you. If the amount lying is paltry, you can also join with the others by giving up the claim. If the amount is considerable you can convince the others to join in claiming the amount. Repeatedly you have mentioned that you performed the last rites and nobody joined with you. This will not help you in solving your present problem. This, you might have done on your own volition out of love and affection towards the deceased. Unless the other claimants join with you and relinquish their right before the bank and nominate you solely to receive the monies, you will not get the money, though you performed the last rites, though they wanted to adapt you.
prabhakar singh
(Expert) 27 October 2013
While advises are correct and for sure only
Tiruchy civil court would have the jurisdiction.
Querist does not speak about number of
heirs who have survived his uncle otherwise guidance in that regard is also possible
as to how can he get whole of the amount
when only he has incurred funeral expenses
because anything left by a deceased as an estate has to meet first his funeral expenses.
ajay sethi
(Expert) 27 October 2013
agree with anirudh
N Padmanabhan
(Querist) 27 October 2013
Respected Sirs,
Thank you very much to all of you for your timely advice. I will try to convince my relatives and to get the amount.
Once Again Thank You All.
With Regards,
N Padmanabhan
