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Legal heir certificate in delhi

Page no : 2

P. Venu (Advocate)     10 August 2024

"RBI had eased out rules of deceased claims in 2015 , specifically asking banks not to demand succession certificate or any special document in case of intstate death for no nomination account holders....But few govt banks are still following their age old policies , solely due to lethargy towards changing policies at par with RBI guidelines"

You have the option to take up the matters with the Banking Ombudsman. Prior to that it is better a complaint is made with the internal grievave refressal portal of the concerned Bank. It serves no purpose to indulge in verbal duel with the local officials.

The grevance with the Bank as well the Ombudsman could be taken up online.

AA   10 August 2024

Hello Mr. kavksatyanarayana (subregistrar/supdt.(retired)) Sir,

Since you are from same/similar govt dept, hope you may be able to help here

Tehsildar at SDM (Revenue office Delhi) issues SMC (Surviving Member Certificate) causing nomenclature confusion 

KIndly suggest from where we can get document named (with function ) "Legal Heir Certificate" in Delhi...

OR

if "Legal Heir Certificate" not available separately other than Tehsildar office.....

Is there any method or govt document or notification to establish that SMC is Legal Heir Certificate in Delhi... that will infact simplify the issue

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

Many states cross the country have stopped issuing legal heirship certificate and most of the states for example, Karnataka state, they issue a 'family tree certificate' duly signed by the revenue inspector and some places surviving members certificate and some places legal heirship certificate.

It is not uniform across all the states of the country.

The bank cannot insist on legal heirship certificate for disbursing the funds available in the account of the deceased account holder, they can however insist on succession certificate and that also only for a huge amount i.e., above Rs. 5 lakhs. 

In other cases the bank can obtain an indemnity bond from all the legal heirs and disburse the funds accordingly.

you may inform the bank about it or take an advocate having knowledge on this subject to the bank to explain the bank staff about it

 

AA   12 August 2024

Mr. T. Kalaiselvan,

Thats exactly the case as per RBI,

Public sector banks are not following RBI rules and moreover they are arrogant enough to listen or give any thing in writing for any case be it claim or rules regarding deposits etc...

It seems PSB employees are enjoying good immunity....and do not have any fear of RBI

This needs to be addressed for larger interest of public...

 

N.K.Assumi (Advocate)     12 August 2024

Successor in interest or legal heir certificate can be obtain from Tahasildar office, but the question is under what Law Tahasildar office is issuing this certificate. Apart from the various experts opinion I am of the view that if the property is of less amount Tahasildar office may issue after proper verification from ground level, but if the amount is a big one the Succession certificate should be obtain according to Law only. It appears that the practise is same all over the country, and requires proper codification on the subject. 

AA   12 August 2024

Amount is small in this case < 5L ,

what i under stand, tehsildar used to issue Legal Heir Certificate.....for which they changed nomenclature only....keeping format/template, wordings, function is same as of Legal heir certificate

Delhi is not the only state, who changed name of certificate, karnataka is also in list...

As some one said in the discussion, issue is of mindless application by GOVT BANK clerks or lethargy to confirm from legal OR intent of Corruption etc....

no such issue faced with pvt bank, who worked on RBI guidelines to not seek any document except indemnity 

RBI called earlier practice as "Torturous", hence eased out rules in 2015, but Govt banks continuing with decade old rules 

 

Dr. J C Vashista (Advocate )     12 August 2024

@ AA,

You have adequately been advised by experts, now it is your call to proceed, as required.

It is better to contact, consult and engage a local prudent lawyer to protect your interest and close this thread.


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