Appeal in succession
CLDEHARIA
(Querist) 09 June 2012
This query is : Resolved
Sirs
A Central Govtt employee died leaving behind two wives with nomination of wife (identical names of both wives, so difiicult i/ii wife)Ist wife (F/I)had a son P left 30 yrs back & came/ attended only at funeral of Husband (H). IInd wife(F/II)( having major daughters D1, D2 & a son M) knew only after death of H that F/I was also a wife. F1 & F2 signed agreement that P will get job & F2 will get family pension.
D2 filed case for Succession.Meantime Deppt gave job to P & released Pension/ all dues to F1.Civil Judge Class 1 dismissed case for succ. cert. but held that being illegitimate children since II nd marriage a Void one children of F2 and Respondents F1 & P are eligible for 1/5th share of all the dues, payment be made accordingly.
Now deptt is insisting for Succ. Cert. from children of F2.
Q 1.is what steps to be taken?
Q.2.is Can F2 can file Appeal against Case for succession & if so in which Court(few evidence are in favour of F2)
3.Chances of winning?
4.How to get 1/5th share ?
5.Any action against deptt, since they were party in Succ. case but remained Absent?
Please guide point to point.
sanjeev murthy desai
(Expert) 09 June 2012
F2 don't have a right to claim for succession.
All children and first wife may be get succession certificate
