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RAMESH (EFGH)     01 February 2013

Legal heir certificate vs settlement deed

Our father , died intestate, last year. The only asset to be realised from his estate left behind is bank account balance , and fixed deposit . We are myself , and my two sisters as surviving legal heir to his estate.

In one of the account maintained with the bank , I am a joint holder , and in the other savings account to which the FD is linked with the same bank he is the sole holder.

Pending receipt of legal heir certificate , we have kept all his bank account and FD running with bank in his name , without informing about his death.

We have applied for legal  heir certificate, which is taking time. In the absence of legal heir certificate, will a settlement deed executed by my sisters in my favor to deal with the bank account and FD help in closing his account , and realising the money in my name.

Subsequently any transfer from my account to my sisters , will it attract any TAX under Indian Indian Income Tax Act?



Learning

 3 Replies


(Guest)

You need to intimate/inform the bankers about death of your father so as to absolve the liability of Tax. Once the amount deposited by way of FD shall get matured the same shall attract Tax to be paid. The amount shall be taxable one time and not every time if the same is transferred from your account to your sisters account. If the amount is re-invested by your sister the same shall be taxed after maturity.

1 Like

(Guest)

 

If the said bank account is in your joint name and if that account type is either or surviver then Succession Certificate is not required. You alone can claim the amount lying in the account.

secondly in connection with FD Account you may obtain NOC / authority letter to receive the amount of the deceased from the remaining legal heirs. You may also required to submit an indemnity bond in favour of the Bank thereby assuring that in case any dispute arises in future regarding the amount of the deceased then you will refund the said amount alongwith interest thereon. You all legal heeirs may also issue discharge letter in favour of Bank that in case of any future dispute by anybody the bank shall not be held legally responcible and the sole responcibility shall remain on the shoulder of you.

The reserve bank has specifically directed the banking companies to not insist the legal heirs to bring succession certificate in each and every case. The RBI also suggested to get Indemnity bond and other affidavit instead of the succession certificate.

So kindly contact the bank and may offer above compliance.

all the best.

Nabasaheb Suryawanshi (Advocate High Court Mumbai)     31 January 2018

The Land purchased 50 years back and in possetion but not updated records in land revenue. The railway acquired part land and paid compensation the owner. Now client applied to change the land record. How to get compensation.


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