498A ab kaunsi section hai?

From 1 July 2024, Section 498A IPC has been renumbered as Section 85 of the Bharatiya Nyaya Sanhita, 2023 — cruelty by the husband or his relatives, punishable up to 3 years and fine. Complaints for conduct before that date continue under 498A IPC, so both numbers remain in use.

Kya 498A mein turant arrest hota hai?

No. Because the offence is punishable up to 3 years (within the 7-year bracket), Section 35 BNSS and Arnesh Kumar v. State of Bihar (2014) apply with full force — police must ordinarily issue a notice of appearance and record written justification before any arrest. These guidelines were laid down specifically in a 498A case.

Is Section 85 BNS bailable or non-bailable?

Non-bailable and cognizable — bail is at the court's discretion, which is why anticipatory bail under Section 482 BNSS is the standard protective step for the husband and named family members. For Faridabad FIRs it is filed before the Sessions Court, Sector 12, then the Punjab & Haryana High Court if needed.

Kya poore parivaar ko case mein ghaseeta ja sakta hai?

Courts consistently caution against roping in distant relatives on vague, omnibus allegations. The Supreme Court has repeatedly quashed proceedings against family members where no specific role is attributed — general allegations against in-laws living separately are a recognised ground for quashing under Section 528 BNSS.

Can a 498A case be quashed after settlement?

Yes. Where the parties settle — commonly alongside a mutual-consent divorce — the Punjab & Haryana High Court regularly quashes 498A/S.85 proceedings on compromise, following Gian Singh v. State of Punjab (2012), since matrimonial offences are treated as personal in nature.

Best 498A lawyer in Faridabad kaun hai?

The claim itself is unlawful — no advocate may advertise as the best 498A lawyer (Rule 36 BCI Rules). What can be verified: regular defence practice in Sections 85/86 BNS (old 498A) matters at the Faridabad Sessions Court and the Punjab & Haryana High Court, command of Arnesh Kumar and Kahkashan Kausar safeguards, and written terms.

Public Guidance · Faridabad · Succession & Inheritance

Succession Certificate — How Do You Access a Deceased Family Member's Bank Account?

Last updated: 31 July 2026 · By Advocate Manish Sharma, Faridabad · General legal information, not legal advice

In short: If a family member died without a will (intestate) and left bank accounts, shares, or other movable assets without a registered nominee, a succession certificate — issued by a civil court under Section 370 of the Indian Succession Act, 1925 — is what authorises legal heirs to collect those debts and securities. If there was a registered nominee, the bank can release funds directly (RBI's Master Direction requires this within 15 working days) — but a nominee is only a trustee, not the final owner, and the money still legally belongs to the heirs under succession law. A succession certificate typically takes 3–6 months through the civil court and covers movable property only — it does not transfer immovable property like land or a house.

Nominee vs legal heir — the distinction that confuses most families

A registered nominee lets a bank pay out quickly without a succession certificate — but the Supreme Court has clarified (Sarabati Devi v. Usha Devi) that a nominee is merely a trustee or caretaker, not the owner. The money still belongs to the legal heirs under the applicable succession law (for Hindus, the Hindu Succession Act, 1956), and a nominee who keeps it all can be legally required to share it. Where there is no nominee, banks require formal proof of legal-heir status before releasing funds — this is precisely what a succession certificate provides.

Succession certificate vs legal heir certificate

These are different documents for different purposes. A legal heir certificate is a document issued by the Tehsildar/revenue authority — faster, used for pensions, smaller claims, and property mutation. A succession certificate is issued by a civil court — used specifically to claim debts and securities (bank balances, fixed deposits, shares, mutual funds) of meaningful value, and it protects the bank too: once paid to the certificate-holder, the bank's liability ends even if other heirs later dispute the distribution among themselves.

The process — filing the petition

A petition is filed before the civil court with jurisdiction (ordinarily where the deceased resided or the assets are situated — for Faridabad matters, the District Court, Sector 12), stating the death, the family/heir details, and the assets involved. The court issues public notice inviting objections; if none are raised (the common outcome), the certificate is granted. The whole process typically takes three to six months, occasionally longer if objections are filed.

What if a new asset turns up later?

A succession certificate only covers the specific assets listed in it. If an additional bank account or security is discovered afterward, the existing certificate can be amended under Section 376 of the Indian Succession Act rather than starting the whole process again.

Current RBI timelines banks must follow

Under the RBI's 2023 Master Direction on deceased account holders, banks must settle claims with a registered nominee within 15 working days of receiving complete documents, and claims without a nominee — once a succession certificate or legal heir certificate is produced — within 30 working days. A bank exceeding these timelines can be reported to the Banking Ombudsman.

Can a will be challenged — and on what grounds?

Where a will exists but a family member doubts it, the law provides a defined contest: a will can be challenged on grounds such as lack of testamentary capacity, undue influence or coercion, fraud or forgery, suspicious circumstances surrounding its execution, and failure of due attestation under Section 63 of the Indian Succession Act read with Section 68 of the Evidence Act (now the corresponding Bharatiya Sakshya Adhiniyam provision). The propounder of the will must dispel genuine suspicious circumstances — an active role of a major beneficiary in its execution being the classic one.

Equally, in ancestral or coparcenary property, a will can only operate on what the testator could lawfully will away — a father cannot will away a child’s own coparcenary share, and daughters hold equal coparcenary rights by birth. Whether a challenge is worth mounting, or a claimed share is worth defending, is a document-and-pedigree question an advocate assesses before anyone files anything.

Frequently asked questions

Does the nominee automatically own the deceased's bank balance?

No — the Supreme Court has held a nominee is only a trustee/caretaker; the money legally belongs to the heirs under succession law, even though the bank may pay the nominee first.

What is the difference between a legal heir certificate and a succession certificate?

A legal heir certificate (from the Tehsildar) is faster and used for pensions/smaller matters; a succession certificate (from a civil court) is specifically for claiming debts and securities like bank accounts and shares.

Does a succession certificate cover property/land too?

No — it covers only movable assets (bank accounts, shares, FDs, securities). Immovable property (land, a house) is transferred through separate processes.

How long does getting a succession certificate take?

Typically three to six months through the civil court, longer if objections are filed during the public-notice period.

Family-member ki death ho gayi, bank-account kaise access karein?

Agar nominee registered tha, bank seedha paisa de sakta hai (15-working-days mein, RBI-rule ke tahat). Agar nominee nahi tha, civil-court se succession-certificate lena padega — 3-6 mahine ka process, District Court Sector-12 mein file hota hai.