Legal Question in Banking Law in India

A male Hindu unmarried person dies intestate and leaves behind, one elder brother and 2 sons of his eldest brother (eldest brother is dead)

As in the instant case, as all the members are from class II , I think the surviving Brother will get 50% and his eldest brother's 2 sons will get 50% to divide among them equally.

My query is in specific, as to whether the Bank needs to obtain claim for settlement against the deceased person's bank account and locker content, against joint 'claim from' execution/submission by all the three legal heirs or can be submitted by the surviving brother only?

Please let me have your valued opinion and oblige.

Thanks

Sibsankar Datta


Asked on 6/24/15, 12:02 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.06.2015

Dear Sibsankar,

Since the deceased has passed away intestate, you should obtain a Succession Certificate from the Court and submit it to the Bank for equally dividing the deceased's estate amongst the surviving heirs as declared by the Court.

Regards,

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Answered on 6/24/15, 1:53 am
J. Radhakrishnan independent Practice

All legal heirs mentioned by you gave to apply to the bank. There is a procedure for claim settlement on affidavit cum indemnity basis, if the amount with the bank is not in lakhs. If the bank insists on Succession Certificate, all the heirs should jointly apply in court and they can request the court to issue the certificate in favour of the surviving brother of the deceased, for easy transaction.

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Answered on 6/24/15, 1:51 pm


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