regarding succession certificate
vinay
(Querist) 09 March 2010
This query is : Resolved
sir,
my father expired in oct 2009 leaving behind two special term deposits of rs300000,100000 and one saving account in sbi having 74000 with nobody as nominee. we are four bro all intending to transfer this money in the name of mother. we have no sister. as court fee is comming out to be 31000 according to up court fee act 1870. the lawyer is saying that by bifercating this amount among all five of us which will be about 100000 per head.THEN everybody will have to pay fee separately. total will be 14000. sir, is it possible to bifercate this way . waiting for reply
niranjan
(Expert) 09 March 2010
In one application,the court will not grant different certs. However if court agrees to that suggestion,well and good.
nishad
(Expert) 09 March 2010
I guess you need transfer the money in the account of your late father to ur mother right?
1.make an application to the bank for the purpose
2.Affidavit prepared by all the legal heirs of your late father confirming to the fact that you were the only legal heirs and your father died intestate
3.Submit a Fmily tree/sucession certificate.
4.Prepare a Letter of Authority authorizing your mother to collect the proceeds of the account.
5.submit death Certificate of your father.
6.Also prepare an Indemnity bond in favour of the bank .The amount should be twice the claim amount.
I guess this will suffice to transfer the amount from ur fathers account to ur mothers name
vinay
(Querist) 10 March 2010
hi niranjan ji
thanks for reply!
as my lawyer is saying only one seccession certificate will be provided having names of legal heirs for distribution of amount.an as u all know calculation of cout fee is done as
for 1st 20000/- 2.5% for next 30000/- perhaps 3.00% and so on. this way fee comes out to be Rs 30882.00, when claimant is my mother only. but if we all five members ask for 100000.00 each, fee will be calculated separately on each 100000.00 for each member. this way fee reduces to 14000.00 only. so my question is whether amount can be bifercated to reduce court fee.
vinay
(Querist) 10 March 2010
thanks nishad ji for reply
ur suggestion is quite right. but i met sbi officials and came to know those official can permitt an amount upto 300000.00. above that reginal office is able to permitt. besides they are asking for two gaurenter having assests of not less than twice the amount claimed for.
nishad
(Expert) 10 March 2010
The procedure is that the branch will forward your application to Regional office to process and they HAVE TO PROCESS YOUR CLAIM within the stipulated time as given in the code of conduct.
Like I said earlier you need to arrange for an Indemnity bond from two persons known to you in favour of the bank .The bond should be twice the claim amount.Also arrange for other documents I have mentioned earlier.
let me know if you have further issues
