(Querist) 25 December 2008
This query is : Resolved
Hi Everybody, My friend's father expired recently leaving behind his wife and two sons. During his life time my friend's father deposited a sum of Rs 8,000/- in the postal department savings scheme, after his death when my friend approached the postal department they insisted him to obtain succession certificate from the court,At present a total sum of Rs 10,000/- is lying to the credit of the decesed person. Now my question is for mere sum of Rs 10,000/- is it necessary to obtain succession certificate? 2) is there any spececific minimum amount is there for obtainaing succession certificate in the succession act? 3)How far it is reasonable for the postal department to insist my friend to spend legal expenses which work out 50% of the amount lying in the postal department for obtaining succession certicate for getting megre amount of Rs 10,000/-? 4)Is there any case law which says "No succession certificate is required for obtaining debts up to megre amount of 20,000/-? if yes kindly provide me a suitable case law to avoid all legal expenditure for obtaining succession certicate for the purpose of a debt which is megre amount of Rs 10,000/-lying to the credit of deceased person in the account of postal department. it is very very urgent kindly help me in this regard.
Prof. Dr. Amaresh Kumar
(Expert) 26 December 2008
As per law to claim the assets of his father there shall be either nomination or succession certificate. If his father had nominated him before the death he could have got the assets. In other case he would be required to get the succession certificate from the court.
There is no such huge fee for applying for the succession. Advise him to apply for the succession.