Succession certificate in case of bank locker.
Adv. Hemangi Jade
(Querist) 16 July 2012
This query is : Resolved
Dear experts,
My Client's uncle died leving behind Bank Locker in Maharashtra (where contents therein are unknown).
1) For what should I apply.. Succession Certificate or Heirship Certificate?
2) In case of Succession Certificate how to calculate Court Fees as contents of Locker are absolutely unknown?
Please guide.
Nadeem Qureshi
(Expert) 16 July 2012
Dear Querist
you should go for succession certificate as per 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
1. Ins. by the A. O. 1950. 2 The words" G.- G.- in- C." have been successively amended by the A. O. 1937 and the A. O. 1950 to read as above.
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.]
the court fee will be paid according to state of the property or court jurisdiction
feel free to call
