LAWYER friends please help regarding Legal Heir Certificate

mrintech

Hello

Principal amount of 4,60,000 INR of my deceased father is stuck in fixed deposits without nomination in a reputed PRIVATE international bank at Kolkata, West Bengal from past 9 years!

The bank is asking us to apply for succession certificate to claim this amount because PRINCIPAL + INTEREST of past 9 years exceeds 500000 INR.



I would like to know whether Indian Court takes its FEES on PRINCIPAL AMOUNT or PRINCIPAL plus INTEREST AMOUNT when it comes to issuing Legal Heir Certificate?

Thanks

dainik.jagran

@chandanpandey

mrintech

@inder1 @storyteller

@chandanpandey

Thanks for tagging. I hope someone can answer my question.

Inspector_Steel

Hello

Principal amount of 4,60,000 INR of my deceased father is stuck in fixed deposits without nomination in a reputed PRIVATE international bank at Kolkata, West Bengal from past 9 years!

The bank is asking us to apply for succession certificate to claim this amount because PRINCIPAL + INTEREST of past 9 years exceeds 500000 INR.



I would like to know whether Indian Court takes its FEES on PRINCIPAL AMOUNT or PRINCIPAL plus INTEREST AMOUNT when it comes to issuing Legal Heir Certificate?

Thanks

Court fees last me lagegi jab aapke naam par certificate issue hoga(usually takes 4-5 months)..total amount to be paid to the heir par court fees lagega..ek advocate ko pakdo wo sab kar dega..ek application lagao ..civil judge k pas jayega mamla..

mrintech

Hello

Principal amount of 4,60,000 INR of my deceased father is stuck in fixed deposits without nomination in a reputed PRIVATE international bank at Kolkata, West Bengal from past 9 years!

The bank is asking us to apply for succession certificate to claim this amount because PRINCIPAL + INTEREST of past 9 years exceeds 500000 INR.



I would like to know whether Indian Court takes its FEES on PRINCIPAL AMOUNT or PRINCIPAL plus INTEREST AMOUNT when it comes to issuing Legal Heir Certificate?

Thanks

Court fees last me lagegi jab aapke naam par certificate issue hoga(usually takes 4-5 months)..total amount to be paid to the heir par court fees lagega..ek advocate ko pakdo wo sab kar dega..ek application lagao ..civil judge k pas jayega mamla..

Hi thanks for your response

I consulted a lawyer at Kolkata, WB because my father's bank account is there. First he said that the court will take its fee on Principal amount only i.e. 460000. Court has nothing to do with the accumulated interest. Now he's saying that court will take its fee on Principal + Interest of 9 years which is near to 950000 INR.

I am highly confused now That's why I want to consult some more people especially lawyers who have knowledge on Indian Succession Act.

BTW @Inspector_Steel are you a lawyer/law student? Thanks

mrintech

Moreover the lawyer is asking us to send the whole amount of court fees to his bank account in ADVANCE i.e. RIGHT NOW by means of cheque/NEFT. We are a permanent resident of Madhya Pradesh and we can't go to WB for each and everything.

He only said that all the legal heirs need to appear in front of court at last i.e. when everything is done.

Inspector_Steel

Hello

Principal amount of 4,60,000 INR of my deceased father is stuck in fixed deposits without nomination in a reputed PRIVATE international bank at Kolkata, West Bengal from past 9 years!

The bank is asking us to apply for succession certificate to claim this amount because PRINCIPAL + INTEREST of past 9 years exceeds 500000 INR.



I would like to know whether Indian Court takes its FEES on PRINCIPAL AMOUNT or PRINCIPAL plus INTEREST AMOUNT when it comes to issuing Legal Heir Certificate?

Thanks

Court fees last me lagegi jab aapke naam par certificate issue hoga(usually takes 4-5 months)..total amount to be paid to the heir par court fees lagega..ek advocate ko pakdo wo sab kar dega..ek application lagao ..civil judge k pas jayega mamla..

Hi thanks for your response

I consulted a lawyer at Kolkata, WB because my father's bank account is there. First he said that the court will take its fee on Principal amount only i.e. 460000. Court has nothing to do with the accumulated interest. Now he's saying that court will take its fee on Principal + Interest of 9 years which is near to 950000 INR.

I am highly confused now That's why I want to consult some more people especially lawyers who have knowledge on Indian Succession Act.

BTW @Inspector_Steel are you a lawyer/law student? Thanks

Family background law se h ghar me bhare pade h Law field me..hum to engineer biradari se hain..
Total amount par lagta h(P+I) ..Indian Succession Act me sayad section 372(ya 272 ) h(sahi se sun nahi paya section ) check kar lo cnfrm karne k lye ..

Inspector_Steel

Moreover the lawyer is asking us to send the whole amount of court fees to his bank account in ADVANCE i.e. RIGHT NOW by means of cheque/NEFT. We are a permanent resident of Madhya Pradesh and we can't go to WB for each and everything.

He only said that all the legal heirs need to appear in front of court at last i.e. when everything is done.

na mut submit karna ..humko btaya gya h ki last me dena hota h court fees abhi nahi lagta..

mrintech

@Inspector_Steel thanks steel baba. you are now my online best friend

storyteller

@mrintech First of all you need a Succession certificate not a legal heir certificate. Having said so, a Legal heir certificate can be obatained from tehsildar/ revenue officer after fulfilling the requisite formalities. It is just to identify the heirs of deceased. It would be better to have even that.

Succession certificate is what you require for collecting the amount due to deceased. For that you are required to file a petition in the court having competent jurusdiction , in your case JDM where the assets are located.

Details- relationship with deceased.
Name of all the legal heirs.
Death certificate.

Fee- A fixed percentage of fee will be levied on the "Total amount" i.e principal + interest money as it is your principal now. This money is paid in form of judicial stamp papers.

See, you don't have to be there for whole process , your lawyer is correct you have to be there at the end only along with other heirs. However, if you are not so sure of your lawyer then be with him/her while court fee is being paid.

And notwithstanding anything that has been said you have the option to change your lawyer. As, there could be few differences owing to local laws of west bengal and you not being so sure of your lawyer.

Thank you.

Inspector_Steel

@Inspector_Steel thanks steel baba. you are now my online best friend