[help] Need to Apply for SUCCESSION CERTIFICATE at Kolkata, WB

RBI Master Circular; Sec19&20 deals with 'Deceased Depositor a/c':

"20.2 Accounts without the survivor / nominee clause
In case where the deceased depositor had not made any nomination or for the accounts other than those styled as "either or survivor" (such as single or jointly operated accounts), banks are required to adopt a simplified procedure for repayment to legal heir(s) of the depositor keeping in view the imperative need to avoid inconvenience and undue hardship to the common person. In this context, banks may, keeping in view their risk management systems, fix a minimum threshold limit, for the balance in the account of the deceased depositors, up to which claims in respect of the deceased depositors could be settled without insisting on production of any documentation other than a letter of indemnity."

The bank could have paid by obtaining Letter of Indeminity and Surity (ies) of equivalent amount.

However the lawyer can answer all of your queries.

Are you asking to post details of lawyer at Kolkota?

Hello we have already claimed minimum Threshold amount by means of Indemnity bond. Amount above this threshold limit must be claimed by means of Succession / Legal Heir Certificate Only.

I am currently residing in Madhya Pradesh and need to find a lawyer at Kolkata. Before that I want information on following queries from you knowledgeable people: 

1. Court will take its FEE on PRICIPAL AMOUNT or on PRINCIPAL + INTEREST AMOUNT? I have heard that the court only take its fees on PRINCIPAL AMOUNT. It has nothing to do with accumulated interest.

2. Can you please tell me the % fees that I have to pay to court at Kolkata/West Bengal. How can I gather accurate information about this percentage fees of court?

3. Is it necessary to appear before the court during/after applying for succession? OR a lawyer can handle all succession related things without our appearance in front of court/judge?

Kindly answer above queries

Thanks

Can't bank pay by getting surities of equivalent amount?

All queries raised by you can be precisely answered by local lawyer.

You can also check the process and procedure at HC website.

Hello sir Thanks for your answer.

We have already claimed around 3 lakhs 30 thousand from my deceased father's 2 accounts by means of INDEMNITY BOND. I am not sure but as far as I know INDEMNITY BOND and SURETY BOND are the same thing. Please correct me if I am wrong.

Now when we asked the bank to settle the remaining 3 accounts by means of INDEMNITY BOND, they said that the PRINCIPAL + INTEREST amount of these accounts exceeds 5 Lakhs INR and because of this they can only settle the account by means of SUCCESSION CERTIFICATE.

Please see a part of bank's reply here: https://i.imgur.com/mmcxBe9.png

Kindly suggest what to do?

Thanks again

You may get in touch with LCI Expert Devajyoti Barman.

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