Succession certificate
Asha Gosain
(Querist) 02 August 2013
This query is : Resolved
My husband passed away 2 months back. We had a bank loan on our joint name which I had paid off. But the property is in the name of my husband and the bank is not ready to hand over the papers without succession certificate. please let me know the correct procedure and the charges I had to pay for the certificate and the time limit. Also can the bank keep the paper upto the time of getting succession certificate after repayment of loan. Please reply urgently. I am from Mumbai.
Rajendra K Goyal
(Expert) 02 August 2013
Obtaining of succession certificate may take aprox. one year and cost.
Bank may return the title deed of the deceased borrower by taking :
i. Death Certificate
ii. The Legal Heir Certificate
iii. A request letter from the legal heirs of the deceased borrower for return of the title deeds
iv. An Affidavit-cum-Indemnity executed by all the legal heirs of the deceased borrower
This is cheap, fast method.
Bank will keep the papers till these are returned.
Raj Kumar Makkad
(Expert) 05 August 2013
Bank cannot retain those documents with it. Serve a legal notice through your lawyer and obtain those documents which are lying there.
