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How do I claim my father's bank account after his death?

Which documents the bank asks for depends almost entirely on two things: whether a nominee was registered, and how much is in the account. With a nominee it is a short form and a death certificate. Without one, it is an indemnity bond, an affidavit and no-objection letters from the other heirs — or, above the bank's internal limit, a succession certificate from a court.

If a nominee was registered

This is the quick route. The bank needs the death certificate, the nominee's KYC documents, and its own nominee claim form. Most banks settle within two to four weeks.

One thing families get wrong: receiving the money as nominee does not make it yours. The Supreme Court held in Shakti Yezdani v Jayanand Salgaonkar (2023) that a nominee holds the funds in trust for the legal heirs. If you have siblings or a surviving parent, record everyone's shares in an affidavit at the same time. It protects you, not them.

If there is no nominee and the balance is modest

Banks settle smaller balances without going near a court. You will typically need the death certificate, the bank's claim form for a deceased depositor, an affidavit of heirship, no-objection letters from every other legal heir, and an indemnity bond on stamp paper.

Some banks also want two sureties — people of means who countersign the indemnity. The threshold at which this kicks in differs by bank and is not published consistently, so ask the branch directly.

If there is no nominee and the balance is large

Above its internal limit the bank will insist on a succession certificate under sections 370 to 390 of the Indian Succession Act. This is a civil court application, needs an advocate, and realistically takes six months to a year.

Some banks accept a legal heir certificate from the tahsildar instead, which is far quicker. Always ask whether they will, before you start a court application you may not need.

What slows people down

Almost every delay traces back to an incomplete first submission. The branch accepts the file, it travels to a regional processing centre, and three weeks later it comes back with one document missing.

Submit to every institution in parallel rather than one after another. Each runs its own process and there is nothing to gain by waiting.

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Last reviewed 2026-08-22. This is general information, not legal advice. Institution requirements change — confirm before you file.

How to claim a bank account after death in India · Mera Hissa