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Sachin Kumar   13 February 2018

Succession Certification

My mother was a retired GOV employee. She passed away in 2012. Aprox 5 lakh is in her account but the issue is she did not declare any nominee. Bank is not helping us to do the further procedure. Can u please suggest. We are 3 brothers and we are not seperate.


Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     13 February 2018

You have to apply for succession certificate in court. Appoint local advacate. 

R.Ramachandran (Advocate)     13 February 2018

You have to obtain succession certificate.  It will be granted by Civil Court.  For obtaining the succession certificate you have to move an application in the court.  This will involve some court fee payable on the amount lying with the bank. Since you may not be aware of the entire legal procedure, you have to take the help of an advocate to move the application.  It will take 3-6 months to get the succession certificate.  

The bank is right in not releasing the amount to any one of you, without succession certificate.

Therefore, without wasting time, better talk to a local lawyer and move the application for succession certificate.  Please note, there are no short cuts for this.

Kumar Doab (FIN)     13 February 2018

Bank is to help you by providing ‘Deceased Depositor Claim’ forms.

Has the bank not provided these to you?

Have you submitted these under proper acknowledgment?

Has the bank replied in writing to you?

If yes, what is the written rely?

The bank is under obligation to supply the Deceased Depositor Claim forms and Deceased Depositor Claim policy without any cost to claimants/Legal heirs!

 

Kumar Doab (FIN)     13 February 2018

GO thru;

20. Settlement of claims in respect of deceased depositors – Simplification of procedure

20.2 Accounts without the survivor / nominee clause

In case where the deceased depositor had not made any nomination or for the accounts other than those styled as "either or survivor" (such as single or jointly operated accounts), banks are required to adopt a simplified procedure for repayment to legal heir(s) of the depositor keeping in view the imperative need to avoid inconvenience and undue hardship to the common person.  In this context, banks may, keeping in view their risk management systems, fix a minimum threshold limit, for the balance in the account of the deceased depositors, up to which claims in respect of the deceased depositors could be settled without insisting on production of any documentation other than a letter of indemnity.

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

Check if Bank agrees to pay after getting satisfied with say; Disclaimer/Indemnity/surety….

Take help of senior Bank officials, retired Bank person known to family, reputed/experienced  persons/well wishers  of the locality …….


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