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Kailash Pati Mandal (Assistant General Manager (ATC))     24 May 2014

Legal heirship certificate

I would like to draw to your kind attention to the subject “Settlement of dues for rent for leasing of a nationalized Bank, at my Paternal House Premises” and to state that the only reason being non-submission of “Legal Heirship Certificate issued by Hon’ble Court” for settlement of dues for rent for leasing of Premises since the death of my father.

We have submitted to the bank Death Certificate of my father; Legal Heir Certificate (Warishan Certificate) from Pradhan, Gram Panchayat; Affidavit of one brother and a Registered Power of Attorney from brothers and sisters empowering one of us to collect the rent on our behalf.

I say that there is absolutely no dispute in terms of legal heirs of our deceased father.

The bank replied, “This is a case involving settlement of claim of the deceased person's asset. The Bank has to follow the legal formalities. The complainant needs to produce the legal heirship certificate from appropriate court of law. Our Bank advocate also advised the Bank to obtain legal heirship certificate as mentioned above. We advise the complainant to follow the legal procedure to enable the Bank to do the needful”.

We are in great trouble to obtain Legal Heirship Certificate. Kindly guide us to resolve this case. Whether the documents submitted by us are not sufficient to settle the rent? We are residents of West Bengal and the Branch of the Bank is also in West Bengal. Kindly advise us to obtain Legal Heirship Certificate in West Bengal, if required.



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 3 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     24 May 2014

I thing they are expecting succession certificate for settling the dues. Such succession certificate can be obtained from the court on filing an application in a prescribed format along with supporting documents like the death certificate and legal heir certificate etc.

T. Kalaiselvan, Advocate (Advocate)     26 May 2014

Query repeated, see your  previous thread posting similar query for my reply and others opinions.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     29 May 2014

If you are concerning about the succession certificate, it can be obtained from the court on filing an application in a prescribed format along with supporting documents like the death certificate and legal heir certificate etc.

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