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Sam (IT)     29 September 2017

Father passed away, need guidance for documents to be prepar

My father passed recently. He has a few bank accounts in his name (rest are joint with our mother) and some property in Delhi. We are Sikh family residing in the Punjab. He had no registered will.

We expect to obtain the death certificate today.

Can the knowledable people please help me cope with obtaining the right documents so as to deal with transfor of the above properties?

 

There is no dispute between his children and our mother. We are open to transfering this properties either to our mother, or to one of his children or to all of us, whichever is the most convenient to our mother.

 

Please advise with legal documents we need to prepare and obtain and what process to follow for transfer of the bank accounts and the property.

 

Thanks you.

 

 



Learning

 11 Replies

SHREY DAMBHARE   29 September 2017

Get Succession certificate. That's the only document after death certificate of any person. Get help of local lawyer in your area so to secure inheritence and succession rights. 

Siddharth Srivastava (Advocate)     29 September 2017

Apply succession certificate in respect of all properties including bank account of your late father. The case shall be filed in Delhi Court only as properties lies within the jurisdiction of the concern court.

Sam (IT)     29 September 2017

Thanks you for the feedback.

 

Pardon my ignorance, can you elaborate where exactly should I go to get a succession certificate?

 

Also, what documents do my siblings and my mother need for this certificate?

 

Do all of us need be physically present to get this certificate?

 

Sorry for these basic questions. Passing of my father was already a shock, and now we are trying to grapple with all these formalities in the best way possible.

 

Thank you.

Kumar Doab (FIN)     29 September 2017

Hindu Succession Laws apply to Sikhs.

Check if at both locations legal heir affidavit is also accepted.

Better is to Obtain legal heir certificate from O/o Tehsildar.

It is good that NO dispute exists amongst all legal heirs.

 

Kumar Doab (FIN)     29 September 2017

ClassI legal heirs have 1st right i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters………………..

  

It is simple matter of inheritance, since NO valid WILL exist as per your post, i.e.; ‘Intestate Succession’.

The forms/procedure is available in O/o Authority under whose jurisdiction property falls say; MC.

 

Usually death certificate, legal heir certificate/affidavit and/or part of form attested by Municipal Councilor is accepted as sufficient.

Go thru the form carefully.

It is SO simple.

 

The authority shall transfer the property in the name of all ClassI legal heirs.

Obtain updated mutation records showing share of all legal heirs.

It gives rights equal to that of owner.

Thereafter all legal heirs can act as owner and transfer title/ownership in the name of your mother by a valid/registered deed e.g; Gift/relinquishment/release/sale etc etc……………..

 

In case of blood relation the state govts of Punjab, Delhi might have granted waiver/relaxation from stamp duty/fees.

Check locally at SRO, or from a senior deed writer or at website of authority.

 

Kumar Doab (FIN)     29 September 2017

Bank A/c's: GO thru RBI Master Circular on Customer Service in Banks: 19,20

https://www.rbi.org.in/scriptts/bs_viewmascirculardetails.aspx?id=9008

In case of valid Nomination in Bank a/c's; IT is again a simple procedure.

The bank shall pay to nominee irrespective of any amount in a/c.

 

In case of Bank a/c without nomination; Sign Disclaimer in favor of Mother, and Indemnity, and surety if asked.

 

Go the bank policy framed in accordance with RBI guideline on ;'Deceased Depositor A/c' that is available on website of bank and also in bank that BM/Bank has to supply without any cost to claimant and also Claim Form.

 

Kumar Doab (FIN)     29 September 2017

Hope you are satisfied.

 

Siddharth Srivastava (Advocate)     29 September 2017

As per procedure the case for getting succession certificate shall be filed within the court where property of deceased is situated and if property is situated within jurisdiction of two courts then case can be filed in either court . For filing the case the details of all legal heirs along with their identity are required. Though petition should be required to be signed by all legal heirs duly supported by affidavit but anyone of them can pursue the case. Consult a lawyer only.

adv. rajeev ( rajoo ) (practicing advocate)     02 October 2017

First you have to take the survivors certificate from the concerned revenue officer and after file a probate and succession certificate in the civil court.

Kumar Doab (FIN)     02 October 2017

Since deased faher has not left any WILL NO probate is required.

Kumar Doab (FIN)     02 October 2017

Bank A/c;

RBI guidelines that have statutory force have been attached, and as per provisos for valid nomination or NO nomination, querists matter should get resolved.

The querist has posted that there is NO dispute amongst legal heirs.

 

Immovable Property; Delhi, Punjab; The authorities may not have any requirement for Succession certificate.

The querist has posted that there is NO dispute amongst legal heirs.


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