Law4u - Made in India

Is a succession certificate mandatory to claim bank deposits?

Answer By law4u team

A succession certificate is not always mandatory to claim bank deposits, but in many cases, especially when there is no nominee or will, it becomes legally necessary. Here’s a detailed explanation: 1. When is a succession certificate required? A succession certificate is generally required when: The deceased person has not nominated anyone for the bank account or deposit. There is no registered will, or the will is disputed. The legal heirs approach the bank to claim movable assets such as bank deposits, fixed deposits (FDs), shares, insurance, or debts owed to the deceased. Under the Indian Succession Act, 1925, a succession certificate is issued by a civil court to identify the rightful legal heir(s) and authorizes them to collect debts and securities on behalf of the deceased. 2. When is it not required? A succession certificate may not be required if: A nominee is registered with the bank; the bank may release the funds directly to the nominee, though the nominee is just a trustee for the legal heirs. There is a probated will and no dispute among the heirs. Some banks accept indemnity bonds, affidavits, or a legal heir certificate (for smaller amounts), especially for government employees' accounts. 3. Bank's policy matters: Banks follow internal guidelines and RBI norms. In the absence of nomination or clear succession documents, banks usually ask for: Succession certificate Legal heir certificate (sometimes accepted for small amounts) Indemnity bond signed by other heirs No-objection certificates (NOCs) from other legal heirs 4. Legal position: The succession certificate gives the holder the authority to receive debts and securities and act as a legal representative, but it does not determine the ownership of property—it only facilitates recovery. Conclusion: A succession certificate is generally required to claim bank deposits if there is no nomination or will. While not always mandatory, it is often insisted upon by banks to avoid disputes. For larger or disputed claims, obtaining a succession certificate is the safest legal route.

Succession Certificate Verified Advocates

Get expert legal advice instantly.

Advocate Nitin Kumar

Advocate Nitin Kumar

Banking & Finance, Cheque Bounce, Consumer Court, Corporate, Customs & Central Excise, Cyber Crime, Documentation, GST, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Criminal, Civil, Child Custody, Court Marriage

Get Advice
Advocate Deepinder Kumar

Advocate Deepinder Kumar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Insurance, Medical Negligence, Motor Accident, Property, Recovery, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Archana

Advocate Archana

Anticipatory Bail, Civil, Criminal, Cyber Crime, Divorce, Family, Consumer Court, Domestic Violence, Child Custody, Cheque Bounce, Court Marriage, Corporate, Banking & Finance, Breach of Contract, Bankruptcy & Insolvency, Arbitration, Armed Forces Tribunal, Customs & Central Excise, R.T.I, Recovery, Documentation, GST, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Akhlendra Pratap Singh

Advocate Akhlendra Pratap Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Motor Accident, Muslim Law, Succession Certificate, R.T.I, Cyber Crime, Court Marriage, Civil, Corporate, Medical Negligence

Get Advice
Advocate Prakash Dhande

Advocate Prakash Dhande

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, R.T.I, Succession Certificate, Revenue

Get Advice
Advocate Chokshi Preamit

Advocate Chokshi Preamit

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Muslim Law, Property, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Wills Trusts, Revenue

Get Advice
Advocate Sajad Ahmed Shah

Advocate Sajad Ahmed Shah

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Shishir Dwivedi

Advocate Shishir Dwivedi

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Court Marriage, Corporate, Consumer Court, Child Custody, Criminal, Divorce, Cyber Crime, Documentation, High Court, Family, Property, Domestic Violence, NCLT, Patent, RERA, Trademark & Copyright, Revenue, Succession Certificate, Motor Accident

Get Advice
Advocate Bhursing R Pawara

Advocate Bhursing R Pawara

Criminal, Anticipatory Bail, Motor Accident, Child Custody, Civil, Cyber Crime, Domestic Violence, Family, Divorce, Succession Certificate, Property, Recovery, R.T.I, Wills Trusts, Revenue

Get Advice
Advocate Adv.deen Dayal Sindhu

Advocate Adv.deen Dayal Sindhu

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, Succession Certificate, Wills Trusts, Revenue, High Court

Get Advice

Succession Certificate Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.