1. You can be the joint petitioner in the succession certificate petition. Then, NOC would not be required
2. Yes
Succession certificate
Hi..I have some queries regarding succession certificate....if anyone can help me that would be great. Both my parents passed away in 2019 leaving some fixed deposit without nominee in a nationalised bank. We are two siblings me and my brother...As per the bank we need to get a Succession certificate to claim those fixed deposit. So my brother is thinking of applying for the succession certificate. My question is that 1) if my brother is applying the same do I need to sign a petition of consent stating I have no objection if my brother is granted the succession certificate. 2)will the succession certificate include my name also by which I can claim my share of amount from the bank. How I can validate the above
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
You both should apply for succession certificate
2) if brother applies for succession certificate notice would be issued to you and other legal heirs if any
3) if no objections are received
brother would be granted succession certificate
1. You may p[lease note that the succession certificate will be given with the list of all successors in interest to succeed to the assets of the deceased.
You do not have to give No objection, instead in the succession petition, you may be included as second petitioner by which you will be automatically included as one of the successors.
2. Yes, read the above answer.
Dear client,
If there is no nominee, legal heirs can claim the money from Bank Succession.
1. Yes, you have to give a No Objection Certificate for the same.
2. Your name can be included in succession certificate if you wish to and you can get share in it.
Thank You.
1) You may execute a specific Power of Attorney in your brother's favour empowering him to apply for the succession certificate on your behalf.
2) It is better if the succession certificate is granted in your both names so that you may claim your share.
Yes you all will be party to the said petition in court. Yes it will be in name of all legal heirs who are party to it
Dear Querist
your brother may file a succession suit and you should be the defendant/respondent in that case, when the court will issue summons to you then you may appear through your advocate or through video conferencing and record your statement.
the Court will issue a succession certificate and both of you shall be declared as legal heirs of your deceased parents, based on that legal heir's a certificate/succession certificate, you may claim your amount from the bank.
or
you may execute a special power of attorney in favour of your brother and your brother may file succession case against the state and bank only and based on your special power of attorney the court may issue a succession certificate and based on that certificate you may get your amount from the bank.
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Hi, both of you need to file a Petition for Succession Certificate before the Court. If you don't want any amount then you can file a Affidavit before the Court that all the amount must be transferred to the your brother. Other wise both of you will get equal share.
1 Since your parents passed away without nomination in the account or a WILL for the same , then legally you have to apply for getting succession certificate/administrative bound for claiming the amount from the bank
- Either of you can file the said petition before the district court , and if your brother is filing the said petition then your affidavit / no objection before the court is mandatory
2. If you wanted the claim a share in the amount then you have to mention before the court for the same.
- However, tell him to include your name as second petitioner for claiming the share .
