Ranjan Mishra
Asked August 19, 2016

Using Probate certificate for settlement of payment

  • 1 Answer
  • 255 Views

Dear Sir, Greetings of the day. My grandfather had written a deed and it has been probated by the honorable court. It was mentioned that all the property like land ,assets and money will be entitled to me. They had many fixed deposits in the different banks having no nominee and the bank officers have told us for succession certificate. I want to ask you that the probate certificate is used for the settlement of payment. I am looking forward to your kind consideration.

Answer 1

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Anina D'cunha

In case a person dies without a will or intestate, the legal heirs have to apply to Court for a Succession Certificate. Section 372(1)(f) of the Indian Succession Act, 1925 states that a succession certificate can be applied for debts and securities. This succession certificate issued by a civil court to the legal heirs of a deceased person, will be to realize the debts and securities of the deceased (if a person dies without leaving a will). A Succession Certificate is not granted in cases where there is a will.

Probate order, on the other hand, is a copy of a will certified by Court. A probate order/certificate is evidence of the authenticity of a will. One can file an application under Section 276(1) of Indian Succession Act for seeking Probate orders.

Agree Comment 0 Agrees about 4 years ago

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