A Sharma 15 May 2021

settlement of claim

Sir, in these carona days one case of Delhi is that mother and son passed away same day due to carona

Mother was having two accounts one in SBI and in Axis Bank having a sufficient balance in both accounts.
Also she had a locker in SBI. In theses accounts the nominee was his son.
Please guide how these claim cases
will be settled and in whose favour. She was having one son since deceased and one daughter already married.

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7 Replies

Advocate Bhartesh goyal (advocate) 15 May 2021

Daughter has to obtain succession certificate to get the amount lying in mother's bank account and material kept in locker, from civil court.

Asgher Mahdi (Advocate & Legal Advisor) 15 May 2021

The next LR/s representing them in the order shall claims by obtaining Succession Certificate.

Sankaranarayanan (Advocate) 15 May 2021

Yes i do stand with experts answer. Obtain the succession certificate and act accordingly

P.S.Umapathy 15 May 2021

The daughter has to obtain the Legal heirs certificate to get the amount from their a/c.

Ramesh Kumar 15 May 2021

If the son is married then his legal heirs will claim the son's share. Mother's share the daughter shall right of one share and son's LR shall claim the rest

Ek Tuk 15 May 2021

File a petition for succession certificate from Competent Court for more

sneha jaiswal 16 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
The Legal representative who is representing next in the order can claim the amount as well as the material in the locker by obtaining a Succession Certificate.
Here, in this case, Daughter needs to obtain a succession certificate to claim the amount in the bank and material kept in the locker.
A succession certificate is a certificate that is granted by the Court of Law to the legal heirs of a person dying intestate (when he/she does not leave a legal Will) leaving debts and securities.
To acquire a succession certificate, a petition is to be filed to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his/her demise or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased might be found.

Hope it helps
Best Regards,
Sneha Jaiswal