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 Kapil Chauhan

Advocate Kapil Chauhan

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

Get Advice
Advocate Shashi Ranjan Akhouri

Advocate Shashi Ranjan Akhouri

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Domestic Violence, Family, Property, Succession Certificate, Divorce, Motor Accident

Get Advice
Advocate Narayan Das Kushwaha

Advocate Narayan Das Kushwaha

Anticipatory Bail, Civil, Court Marriage, Criminal, Cyber Crime, Domestic Violence, Family, Landlord & Tenant, Succession Certificate

Get Advice
Advocate Nilesh Kailas Vadje

Advocate Nilesh Kailas Vadje

Family, Civil, Breach of Contract, Divorce, Succession Certificate, Revenue, Banking & Finance, Cheque Bounce, Court Marriage, Consumer Court, Criminal, Landlord & Tenant, Motor Accident, Domestic Violence, Documentation

Get Advice
Advocate Raman Sahu

Advocate Raman Sahu

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

Get Advice
Advocate Krishna Kumar

Advocate Krishna Kumar

Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Property, R.T.I, Succession Certificate

Get Advice
Advocate Abdul Majid

Advocate Abdul Majid

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Muslim Law, NCLT, Recovery, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Advocate Girish Alurkar

Advocate Advocate Girish Alurkar

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Civil, Court Marriage, Divorce, Family, High Court, Media and Entertainment, NCLT, Property, Recovery, RERA, Succession Certificate, Revenue

Get Advice
Advocate Mahendra Singh

Advocate Mahendra Singh

Anticipatory Bail, Civil, Consumer Court, Criminal, Domestic Violence, GST, Arbitration, Banking & Finance, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Customs & Central Excise, Divorce, Family, High Court, Insurance, Recovery, Muslim Law, Motor Accident, Property, Succession Certificate, Wills Trusts, Revenue, Landlord & Tenant, Court Marriage, Cyber Crime, Documentation, RERA

Get Advice
Advocate Raja Syamala Penmetsa

Advocate Raja Syamala Penmetsa

Civil, Consumer Court, Cheque Bounce, Divorce, Family, Criminal, Domestic Violence, Motor Accident, Medical Negligence, Succession Certificate, Supreme Court, RERA, Wills Trusts, Revenue, High Court, Arbitration, Anticipatory Bail

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.