Hindu succession act

pooja dedhia (Querist) 19 September 2012 This query is : Resolved
My uncle is expired. there is no legal hair and his wife.he was the alone person.there is no will of it. the amt which is already kept with post office in kishan vikas patra Now kishan vikas patra is matured now.THERE IS NO NOMINmy father is the entitled to get this matured amount .we have prepared the affidavit by taking the sign of non objection of his brother & sister.my uncle was living at the Gujaratand he had kept the kISHAN VIKAS PATRA AT GUJARAT ALSO HE DIED AT GUJ.what procedure is to follow my father to get the matured amount which is rs 6 lacs?
sHOULD I TAKE PROFESSIONAL SERVICE AT MAHARASHTRA LAWYER OR GUJARAT LAWYER?

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MohammedRaffiq Bijapur (Expert) 19 September 2012
Brother it is simple You have get succession certificate from court and get released the matured amount.
I advise to take assistance of local Advocate.

Advocate Bhartesh goyal (Expert) 19 September 2012

File a petition under sec 372 of Indian Succession Act to obtain succession certificate in the court having jurisdiction in Gujrat State mention therein required facts, documents and other particulars.Court will issue succession certificate in favour of your father if find that other successor does not object the petition.sec 372 says under mention:-
372. Application for certificate.- (1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, (5 of 1908.) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:--

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and

(f) the debts and securities in respect of which the certificate is applied for.

(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code. (45 of 1860.)

(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.