Advice on Succession Certificate
Neeraj Bhatia
(Querist) 25 October 2009
This query is : Resolved
My Friend A died this month of a Sudden cardiac event, without any will . Though most of his policies have his Wife as a Nominee , his house & car were on his sole name only. Does she need to get a succession certificate in her name. She will also be getting a decent amount from his Personal Insurance Policies & Company Insurance in all these though she is the nominee. His parents have some property which they had recently transferred to his name and they are now getting a succession certificate in his hometown where the property exists.
Though his wife (B) has good relations with her in laws , but there is always a doubt and thus a little apprehension regarding them getting a succession certificate , which she may also need. Please advice on the same.
adv. rajeev ( rajoo )
(Expert) 25 October 2009
The deceased father and mother are also the legal heirs him.
Nominee is only to discharge her duties, she cannot claim exclusive rights over the properties and benefits of the deceased.
if she has chidlren they are also the legal heirs and entittle for the equal share in the propoerties and benefits of the deceased father.
if wife wants to get succession certificate she will have to file an application before the revenue authorities along with an affidavit showing the names of the living members of the deceased family. The certificate issued by the revnue authroity is not a succession certificate, it is survivors certificate of the deceased family.
If ;she wants succession certificaite she will have to approach the civil court.
niranjan
(Expert) 25 October 2009
I would further add to above, that the court in which his parents have filed appl. for succession cert.the court will invite objections by a public notice, there she can file the objection and succession cert. can also be given jointly by the court
Sachin Bhatia
(Expert) 25 October 2009
agree with the above opinions
Khaleel Ahmed
(Expert) 25 October 2009
Succession certificate may be issued by the Court on filing application.
Raj Kumar Makkad
(Expert) 26 October 2009
File petition before the civil court senior division of the area under which full/part of the property is situated seeking succession.
