Succession certificate
Advocate Ravinder
(Querist) 28 July 2013
This query is : Resolved
Sir,
My client's brother (who was a bachelor) died intestate leaving behind 4 brothers. One of the brother is my client. He left some amounts in the Banks and there is no nominee clause.
Normally to release amounts lying in the Banks and financial institutions a case has to be filed before civil court for succession certificate. But I came to know that for all the cases where the amount involved is below 10 lakhs, a separate branch/tribunal is established in the High Court and more than 10 lakhs case has to be filed in civil court. Whether is it correct. Kindly clarify as it is urgent.
Isaac Gabriel
(Expert) 29 July 2013
Succession certificate from the court is to produced to withdraw the amount
prabhakar singh
(Expert) 29 July 2013
If true? that would be local arrangement in your state.
However it does not appear sound that pecuniary original jurisdiction of bench at high court is lower than that of it's subordinate court.
In our state it is not so and in states where original jurisdiction vests in high courts,their pecuniary limit is always above their subordinate courts.
Your query does not speak which high court
is under reference.?
Nadeem Qureshi
(Expert) 29 July 2013
Dear Querist
as per Indian Succession act the District Judge have power to issue Succession certificate under section 372.
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
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.]
Rajendra K Goyal
(Expert) 29 July 2013
As per the extant RBI guidelines, the requirement of insisting on succession certificate from the legal heirs of the deceased constituents has been withdrawn irrespective of amount involved Banks may pay the deposit amount of the deceased account holder after completing following formalities:
a) Claim format signed by claimants.
b) Stamped letter of indemnity from claimant(s)with One or more surety good for the amount
c) Affidavit (stamped) from independent respectable person well known to the deceased family but unconnected with it and acceptable to the Bank.
d) Any other document required by the Bank as per internal procedure
O. Mahalakshmi
(Expert) 03 August 2013
first of all file a suit for succession certificate in District Court and it is enough to withdraw amount.
Advocate Ravinder
(Querist) 18 August 2013
I have later enquired in the High court of A.P. There is a provision of filing succession OP in the High court also, but there is no aspect of pecuniary jurisdiction i.e. there is no limit of pecuniary jurisdicition. What I mean to say that the procedure which we adopt in trial court will be applicable in the High court also, the only difference is the process of the matter in High court will be fast comparing to trial court. The court fee will be same in both courts. Hence, my query is resolved. Thanks to all the experts for giving their valuable answers.
prabhakar singh
(Expert) 18 August 2013
Then your revelation can be simplified in a single sentence that with regard to grant of succession certificates, the jurisdiction of the High Court and Civil Court is concurrent in state of A.P.
