doubt related to Succession Certificate

Manohar (Querist) 21 April 2010 This query is : Resolved
Hi,

I am happy to take help from a pool of experts.

I need a little clarification related to succession certificate.

My father was an APSRTC conductor in Hyderabad and passed away few months back.
He has not updated nominee details with RTC in the nomination forms. But they have our family members details available with them.
(as we used to get medical claims, and RTC passes for tours)
(There are no legal issues of any sort related to family members)

On Family members certificate issued in MRO office, we received PF, graturity and other claims.

But they have one more FUND (SBT , may be specific to APSRTC), for that in obsence of nominee details they need succesion certificate
(because of their by pass law).

In normal cases the claim amount will be around 1.1 lakh Rs/-.
But as my fater has taken a loan of 70,000(out standing) we may receive around 40,000 RS/-

In the succession certificate should we mention 1.1 lakh (as that is the claim amount) or 40k as we are receiving only that much?

If we have to mention 1.1 lakh then we may need to file in heigher court.

Thank you for ur help.

Regards,
Manohar

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Adv Archana Deshmukh (Expert) 21 April 2010
Get it confirmed how much amount you are going to receive and file for succession cert. for that amount mentioning the same in the petition.

Manohar (Querist) 22 April 2010
Hi Archana,

Even though the claim amount is 1.1 Lakh, after deducation of outstanding loan amount we will get only 40K.

So in Succession certificate should we mention 40k or 1.1K?

I want to know it as the court/ and the court fee will depend on the amount we mention in the case/certificate.

Thanks, Manohar