Succession certificate after death of 3member in accident

This query is : Resolved 
 


Querist : Anonymous (Querist)
05 March 2021

Hi
We are facing Critical Problem to get Succession Certificate, no Advocate proper guiding us. We are Hindu & as, my Uncle died in a missive car accident with his wife, one and only son (3people died in same accident, same date). Spot death occurred of my uncle, after 30 minutes my brother died, then after 40 min my aunt died. My uncle left two brothers, two sisters. My brother was unmarried. My aunt mother also alive, she is 80yrs old. My Uncle (i.e our grandparents) father & mother died 20-21 yrs ago. Now who is the successor ? Can anyone please help us to give proper guidance ? Everyone saying its a complicated, but no one giving the solution.




Guest (Expert)
06 March 2021

What is the Purpose of Succession Certificate which has to be Obtained from Court. Please Explain.



Guest (Expert)
06 March 2021

If it is for the Purpose for any Claim in Property Legal Heir Certificate would suffice. Better Explanation of Purpose is required.

M V GuptaOnline (Expert)
06 March 2021

AS YOUR UNCLE'S ENTIRE FAMILY PASSED AWAY IN THE ACCIDENT, HIS BROTHERS AND SISTERS WOULD BE THE SUCCESSORS AS PER SECTION 6 OF THE HINDU SUCCESSION ACT, 1956 AS AMENDED IN 2005. ALL OF THEM WILL HAVE EQUAL RIGHTS IN THE ESTATE OF YOUR UNCLE.


Querist : Anonymous (Querist)
06 March 2021

Sir, thanks for reply, purpose of succession certificate needed for Bank Acct, FD, & LIC. Please elaborate about who is the succeors of my aunt



Guest (Expert)
06 March 2021

For your Purpose the Legal Heir Certificate would Suffice.



Guest (Expert)
06 March 2021

No doubt your Aunt;s Mother would be Legal Heir of your Aunt along with other legal heirs if any.


Querist : Anonymous (Querist)
06 March 2021

Thanks for reply sir, but advocate of saying as my uncle & brother died just 1hr before, aunt successors that is aunt's mother will be the successors of all. Is it true ?

Advocate Bhartesh goyalOnline (Expert)
06 March 2021

I concur the opinion expressed by expert shri M.V.Gupta.your uncle's brother and sisters would be successors as per Hindu Succession Act.


Querist : Anonymous (Querist)
06 March 2021

Thanks for reply, Adv Bhartesh Goyal. But I have raised a question also in that thread, what about my aunt estate, who is the successors, as she is the only child of her parents, and only her mother alive now. plz anyone clarify.



Guest (Expert)
06 March 2021

As already replied Your Advocate is Right.

kavksatyanarayanaOnline (Expert)
06 March 2021

For your aunt's estate, her mother has right over the property/estate.

K RajasekharanOnline (Expert)
06 March 2021

Immediately on the death of your uncle his property gets divided into two parts: one part goes to his wife and the other part goes to his son.

After the death of the aunt her property subsequently goes to her legal heirs as per Section 15 & 16 of the Hindu succession Act. It seems son is the only legal heir in this case (Please check the act).

After the death of the son his property goes to his legal heirs – Class I or Class II - as per Section 8 of the Hindu Succession Act.

I assume that the property is not ancestral but individual one.

If it is ancestral property it will have to be divided as per Section 6 of the Hindu Succession Act starting from the death of the uncle.

Since I am away from my books now I cannot refer and tell you the exact legal heirs of each one but this is the scheme of things.


Querist : Anonymous (Querist)
07 March 2021

Is there any time factor in a same day of death in individual one property not ancestral? The death table as follows in a same day: Uncle(10:15 am)----Uncle one and only son(10:30am)-----aunt (12pm). Please elaborate...

M V GuptaOnline (Expert)
07 March 2021

your last clarification dt. 07 March, 21 is very significant. Time factor of death would appear to play an important roll in devolution of property of ur uncle. As per your statement when your uncle died at 10-15 am, your aunt and cousin brother were alive. So, uncles property technically devolved on ur cousin brother and aunt in equal proportion i.e., half each. Thereafter when ur cousin brother died at 10-30 am his his 1/2 share gets devolved on his mother who died last at 12 PM. Thus strictly speaking your uncles property in whole devolved on ur aunt. When ur aunt died her estate which consisted of your uncle's property as stated above will devolve on her heirs as stipulated by Section 15 of the Hindu Succession Act, 1956. As per this section, when a Hindu female dies intestate (i.e., without will), her estate will firstly devolve on her sons/daughters or children of predeceased son or daughter. If these are not in existence then upon heirs of her husband, i.e., his brothers and sisters.. It will not go her mother. Therefore your uncles brothers and sisters may first obtain heirship certificate from the Talati and claim the bank deposits etc. .

J K AgrawalOnline (Expert)
07 March 2021

Very well advised by Mr MV Gupta Sir. Further i wish to add that as per section 15(2)(b) the property inherited from husband side only and only goes to her heirs of Husband side only. So the entire property will go to brothers and sisters of your uncle in equal part.


Querist : Anonymous (Querist)
07 March 2021

Thanks everyone, very well defined by Adv Gupta

Dr J C VashistaOnline (Expert)
08 March 2021

I agree with the expert opinion and advise of Mr. M V Gupta.
Hindu Succession Act shall apply where class1 followed by class II heir of deceased shall apply.



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