I need a succession certificate in Kolkata to claim my deceased father's bank deposits, how do I get one?
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Below is a comprehensive legal analysis based on Indian law for your question.
A succession certificate is granted under Section 372 of the Indian Succession Act, 1925 to enable the claimant to recover debts and securities of a deceased person. In Kolkata, you must file a petition before the District Judge having jurisdiction over the place where the deceased ordinarily resided at the time of death. The Calcutta High Court has clarified that a succession certificate is necessary for recovery of bank deposits, shares, and other debts where no nomination exists. West Bengal Premises Tenancy Act 1997 may prescribe the court fees and stamp duty payable on the petition. You must give notice to all legal heirs and publish a notice in a newspaper to invite objections. If no objections are received, the court will grant the certificate after hearing the parties. The certificate specifies the debts and securities covered and authorises you to receive and discharge them. It does not determine title to immovable property.
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