Legal heirship

The DC office is right. Your applied procedure in the DC Office was wrong application of mind from a legal advice you then received is my view.

Nominee is merely a trustee, not the owner. He/she may temporarily possess the money, but will have to hand it over to the legal heir when the situation arises.

In your case since your sister was a divorcee there is no question of her having husband or his parents claiming the succession certificate, but you are capable of doing so only as heirs of your father or mother.


If your father or mother is still alive they being the legal heir can get this succession certificate and you get only if they are not alive and there is no other legal heir of your father or mother as the case may be to seek the succession certificate along with you.


Also if she has child out of the previous wedlock the minor is/are also heir in succession certificate. 

Thanks for your reply

As our father & mother are not alive & also she was not having any child, i attached all the proofs with application, i.e. death certificate of father,mother & divorce papers of sister. In this situation nobody other is there to claim her money ,is there anything in hindu sucession act that brother canot be legal heir of sister..??

Based on your second inputs, you are legal heir. 
 

S. 15 r/w S. 16 of HSA, 1956 squarely applies in your brief. Approach Jurisdiction Court for succession certificate attaching relevant annexures instead of DC Office since father and mother are also not alive nor interstate Hindu female (sister) left behind any minor child. 

DC office has given the reference of service rules 16.6(b) & has stated that brother does not come under the definition of family.If i  approach jurisdiction court for succession certificate, will my petition be opposed by the court lawyer there?

Secondly there are two types of funds

1.pf contribution & gis

2.gratuity Ex gratia & leave encashment

Does different rules apply for them As in PF & GIS i am the nominee.

Approach Court to issue direction to organisation to release funds as advised earlier. There are no different Rules for nature of funds. It is your legal heirship Rights. 

[Last reply]

I contacted a lawyer in my town to file case , but he is saying that i am not entitled for gratuity.As per him I gratuity is linked with family pension & family pension is given only to dependent person. therefore I should not include gratuity amount in the claiming funds.