One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.A approached me regarding his inheritance matter in City A. His relative Mr.X had passed away last month, leaving behind a registered will that clearly named Ms.Z as the sole beneficiary of all assets including bank accounts. Mr.X was unmarried with no children, and his parents and siblings had predeceased him. Despite having a valid registered will, ABC Bank was refusing to release the funds and demanding either a succession certificate or probate from the court. The bank officials claimed this was their standard procedure regardless of registered wills. Mr.A was confused about whether the court would automatically contact other potential legal heirs and whether Ms.Z needed to go through the lengthy probate process when a registered will already existed.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Challenge the bank’s demand legally if they refuse to honor a registered will
• File probate petition if bank insists, but argue for expedited processing
• Gather all original documents including registered will, death certificate, and identity proofs

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS) and related inheritance laws, registered wills are valid legal documents. Section 63 of the Indian Succession Act governs will execution requirements. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedures for probate applications. Banking Regulation Act sections mandate banks to honor valid succession documents. Courts can grant probate under Section 276 of the Indian Succession Act when contested or when institutions demand formal probate despite registered wills.

If You Are the Complainant

• File formal complaint with bank’s grievance redressal cell citing registered will validity
• Approach Banking Ombudsman if bank refuses to honor registered will unreasonably
• Submit legal notice demanding release of funds based on registered will
• File probate petition in appropriate jurisdiction court if other remedies fail
• Ensure all legal heirs are properly notified through court procedures

If You Are the Victim

• Immediately secure the original registered will and get multiple certified copies
• Contact bank manager in writing with registered will copy and legal heir certificate
• Prepare affidavit stating there are no other legal heirs or disputes
• Consider filing probate petition voluntarily to avoid delays
• Maintain detailed records of all communications with bank officials

How the Police Behave in Such Cases

Police generally do not get involved in civil inheritance disputes unless fraud or forgery is alleged. They may register FIR if someone claims the will is forged or if there are threats between family members. Police typically advise parties to resolve inheritance matters through civil courts. They maintain neutral stance unless criminal elements like document forgery or intimidation are reported.

FAQs People Normally Have

Must courts contact all legal heirs during probate? Yes, courts issue public notices and directly notify known legal heirs as per procedure.

Can banks refuse registered wills? Banks cannot arbitrarily refuse valid registered wills but may seek probate for high-value accounts or disputed cases.

How long does probate take? Typically 6-18 months depending on court workload and whether heirs contest.

Are succession certificates mandatory? Not if registered will exists, but banks sometimes demand them as additional security.

What Evidence Is Required?

• Original registered will with registration certificate
• Death certificate of the deceased
• Identity proofs of beneficiary and witnesses
• Property documents and bank account details
• Affidavit stating no other legal heirs exist
• No objection certificates from potential heirs if any
• Valuation reports for probate court if required

How Long Will the Investigation Take?

Bank internal verification typically takes 15-30 days once proper documents are submitted. If probate is required, court proceedings may extend 6-18 months. Banking Ombudsman complaints are usually resolved within 60-90 days. The timeline depends on document completeness, bank cooperation, and whether any heirs contest the will’s validity.

Advocate Sudhir Rao, Supreme Court of India