Query for succession certificate
rajesh singh
(Querist) 11 May 2014
This query is : Resolved
my sister's husband was working in a state govt. office on the post of J.E.has been died during service on 27/10/2007 and he has left behind his two sons(from first wife who has died)and his mother and my sister(his present wife)she has claimed for retirement benefits and compensation and service. it is to say that her husband did not given nominees name to his office but my sister is his registered wife i.e. he has got married through the court.now my sister is getting pension but her husband's office has blocked retirement benefits and said that there is no clear existence of relation between two step sons and her so there is must to submit the succession certificate in the concerned office then we have submitted all documents other than succession certificate.and against this we have gone in the hon'ble HC jharkhand in 2009 please guide me can we be exempt from the liability from succession certificate.
Devajyoti Barman
(Expert) 11 May 2014
No, in the present scenario succession certificate is best method to establish the identity of legal heirs of your brother in law.
ajay sethi
(Expert) 11 May 2014
it is advisable to obtain succession certificate as sought by govt
Anand Bali Adv.
(Expert) 11 May 2014
Dear Friend,
Your are advised to first, apply in the SDM office of your area jurisdiction for the "Surviving member certificate" which can be taken after submitting the names of his all legal hears and their addresses with the application and a list of the total property of the deceased on an affidavit. After getting the inquiry by his staff officers the Sub Divisional magistrate will issue the certificate which is valid for claiming any inheritance.
Secondly, you can apply for the Succession Certificate in the civil court of your jurisdiction along with the details of the all legal heirs with their addresses and the detail of the property of the deceased. It will take a little more time to call the all parties in the court and give a third party right claim period of at least 30 days and after it will pass a certificate in the shape of a decree directing the all authorities of the property holding to handover the property accordingly to the successors of the deceased. First method is simple but the second method is a unchallengeable and more forceful with a directive order to the concerned authorities.
For further legal assistance on nominal charges, you can contact undersigned on below given phone number.
Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.
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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.
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Rajendra K Goyal
(Expert) 11 May 2014
Proceed for the succession certificate, agree with the experts.
Kumar Doab
(Expert) 11 May 2014
Mr. Bali has pointed out the options and has explained.
The SDM office, Tehsildar may not agree since the matter is in court and also due to limitation of time as per internal rules.
Obtain succession certificate.
T. Kalaiselvan, Advocate
(Expert) 11 May 2014
The best option available before you now is to apply for succession certificate through court of law if not applied so far. The legal heirship certificate given by the revenue department will not be considered for the purposes in question. Moreover the Revenue authorities will decline to give any such certificate after a lapse of 5 years period from the date of death, thus since you have already approached court, better follow it up through legal route itself.
