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Kate Mitchell   17 May 2018

Post office senior citizens savings scheme death claim

My older brother is the nominee for an SCSS deposit that has now matured. The depositor was my mother who passed away in Oct 2016. My older brother (the nominee) has also passed away. My mother left a will that states that on the demise of my brother this SCSS amount of 3 lakhs plus interest should go to his daughter (he has only one child). The post office however is asking for a succession certificate. Is this necessary as there is will?


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 4 Replies

R.Ramachandran (Advocate)     17 May 2018

YES. 

This is for the reason that, though there is a WILL, whether there is any objection from other legal heirs to the WILL or not can be found out only if one knows as to who are the legal heirs (in this case successors).

Therefore, you have to approach the Civil Court for obtaining the succession certificate.

Kate Mitchell   17 May 2018

In this case who are the Legal Heirs?  My parents (who are both deceased) had 3 children.  One has now passed away.  Does that make just the 2 remaining children the Legal Heirs?  I have a Family Tree issued by the Tahsildar showing the legal heirs.  Is this not the same?  Why do different government organisations require different documents to show succession.  Surely one should be sufficient.

R.Ramachandran (Advocate)     17 May 2018

Please appreciate.  Legal heir certificate given by the Tehasildar or Sub-Divisional Magistrate of your area is for IMMOVABLE PROPERTIES.

Succession Certificate from Civil Court is required for MOVABLE PROPERTY (like bank balance, FDs, Insurance claim etc. etc.)

Please also remember, you and I are not the deciding authorities - as to whether one is sufficient or not.  

Yes, the remaining 2 children of the deceased parens are the legal heirs, unless the mother of the Deceased male parent is alive, in which case she is also one of the legal heir.

 

Kate Mitchell   17 May 2018

Thanks Mr Ramachandran for your reply.  I do realise we are not the deciding autorities, it's just very frustrating, time consuming and open to bribery and corruption each time.  However I will get one done.  My I say that the Legal Heir Certificate that I got from the Tasildhar was asked for from the Bank with regards to my mother's Pension Account which the bank had ommited to register my name as the nominee.  So it was for MOVABLE PROPERTY AND not IMMOVABLE PROPERTIES as you have mentioned.


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