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Bhaskara   03 July 2016

Case of succession - widow remarriage

Context:

My Grandmother married in 1946 & my mother was born in 1949. Unfortunately my Grandfather passed away in 1954. In 1968 my Grandmother re-married in London. The person whom she married in 1968, it was his first marriage. My Grandmother did not have any children from her re-marriage. So in short my mother is the only legal heir. The person whom my Grandmother married in 1968 passed away in 2015 & within the same month my Grandmother passed away as well. They both died intestate.

Claim:

All assets (Bank A/c, Property - Flat & Site) were jointly held by my Grand mother & the person whom she re-married in 1968. Since my mother is the only legal heir to them wishes to stake claim on them.

Status:

At present we have obtained Family Tree Certificate issued by Nada Kacheri (Revenue Dept.) of Govt. of Karnataka & tried applying in the bank by furnishing Indemnity Bond & the Family Tree Certificate.

Query:

 I would like to know is it mandatory to get Succession Certificate to stake claim on the assets (Note - Banks are asking for Succession Certificate) or is the Family Tree Certificate  sufficient? I also read about a few cases (eg: https://indiankanoon.org/doc/148076242/ & https://indiankanoon.org/doc/19101361/ ) where the courts decided in favor of petitioner without the need for Succession Certificate. In short would like to know is it mandatory to get the Succession Certificate for my mother to claim the assets or any alternative legal recourse is available. Hope my query is clear.



Learning

 14 Replies

Kumar Doab (FIN)     03 July 2016

As per RBI guidelines in Case of: 'Deceased Depositor A/c without nomination' bank may set threshold limit to pay without succession certificate................

Bank may agree to pay by asking for suerty/indemnity/disclaimer

 

'Deceased Depositor A/c without nomination' bank may pay without any limit of balance left in a/c.

 

You may go thru  RBI master Circulart on Customer Services; Section 19 & 20.

 

 

Kumar Doab (FIN)     03 July 2016

It is believed that your Maternal Grandfather, Grandmother, mother   was Hindu and you are Hindu.

 

"The Hindu woman does not loose inheritance upon remarriage."

"WIDOW WHO REMARRIES HAS RIGHT TO DEAD HUSBAND’S ESTATE'

 

"A married daughter does not stop being a part of her parents' family"

 

 

 

You may go thru citations in threads;

 

https://www.lawyersclubindia.com/experts/know-about-property-act-602896.asp

 

https://www.lawyersclubindia.com/experts/Appointment-on-compassionate-ground--604946.asp

 

 

1 Like

Kumar Doab (FIN)     03 July 2016

Succession shall be decided as per the personal law that applies to deceased, e.g; Hindu Succession laws

Believing that your Maternal Grandfather, Grandmother, mother   was Hindu:

 

and mother of Maternal Grandfather is not alive your mother as per your post seems to be the only surviving CalssI legal heir of your  maternal grandparents  ( your mother's parents).

 

 

As far as the succession of second husband of your Maternal Grandmother is concerned you have not posted full details.

 

His sucessors shall be as per facts that applies in his case.

Bhaskara   03 July 2016

Mr. Kumar Doab thanks & appreciate your inputs.

Yes our case will be as per the Hindu Succession Act, as we are Hindus. I am not clear about your 3rd post. Sorry if I was not quite clear in my initial posting.

Hope the below points will make the situation more clear.

The assets which my mother seeks to claim is that which is held jointly by my Grand mother & the person whom she re-married in 1968. No assets exist &/or claimed from my grandmother & her first marriage. 

The person whom my grand mother re-married in 1968 was a Hindu as well. His only marriage was to my Grand mother i.e. he was not married & divorced or widowed before the marriage. They did not have any children born from the wedlock & hence my mother is their only child.

Since my mother is the only legal heir / child, she wishes to stake full claim. I hope the situation is more clear now. 

 

Kumar Doab (FIN)     03 July 2016

The ClassI legal heirs of Hindu male are:

Mother, spouse, sons and daughters........................

 

The estate of Hindu female shall first devolve upon her husband and her sons and daughters.................

 

Your mother was step child (daughter) of second husband of your maternal grandmother.

 

ClassI legal heirs have first right.If ClassI legal Hiers are not present then ClassII legal heirs shall come into picture. If ClassII legal heirs are also not present then agntaes and Cognates............. 

 

If mother of second husband of your maternal grandmother was not alive and NO child was born from this wedlock, then your maternal grandmother is the sole ClassI legal heir of her husband. 

 

If second husband of your maternal grandmother was dead before her (your maternal grandmother/his wife), then his whole estate shall devolve upon his ClassI legal heir(s) first.In such case whole estate of second husband of your maternal grandmother should devolve upon your maternal grandmother.

 

You have posted that your mother is the only child from womb of  her mother (your maternal grandmother).

 

So your mother should be sole successor of estate of your maternal grandmother and her second husband.

1 Like

Bhaskara   03 July 2016

Mr. Kumar Doab, thank you very much for translating the legal terms into a easily understandable language for a commoner like me. I am clear on the law now. Sincere gratitude to you.

 

I presume in this case it is better to apply for Succession Certificate. The only thing is since my mother is a senior citizen will have to go through the court process & will be troublesome experience for her as I understand the normal timeline for Succession Certificate in absence of any counter claims is about 6 months. So I was checking to see if there was any other legal remedy which can help her obtain the assets with lesser hassle & reduce the burden & strain on her.

Kumar Doab (FIN)     03 July 2016

You are welcome. 

Hope you shall take it positively:Let your mother write a WILL favoring you if she is aged, and register it.

 

Look into thrshold limit of Banks and try to resolve with help of senior officials of the bank that may have discretionary powers and accept suerty/indemnity/disclaimer...............

 

For immovable assets check the procedure with authority under whose jurisdiction property falls.................

Kumar Doab (FIN)     03 July 2016

While we get cultured and thankful querists like you this is indeed motivation for the LCI experts that are doing selfless service by rendering free advise.

 

We also get occassionaly Indecorous persons posing as Experts and resorting to Derogatory, Defamatory language against Experts.

 

This deters to do any selfless and free service and or to render quality advise.

 

This is time to ask the members and querists to criticise, condemn such persons in all threads and before LCI Admin also.

 

 

Go thru:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=139113&offset=1

 

and post your comments and stop the abuse against senior LCI experts.

 

 

 

Kumar Doab (FIN)     03 July 2016

You may also obtain legal heir certificate that might be given by Tehsildar, if required.

Bhaskara   03 July 2016

Mr. Kumar, Initially tried for Legal Heir Certificate & the response I got was it is given for Govt. employees & in our case I will have to get what is called as Family Tree Certificate. Hence submitted an affidavit for Family Tree Certificate & obtained the same from the Deputy Tahsildhar.

The other day was successful in getting the title of ownership of Car transferred in my mothers name based on the Family Tree certificate. Likewise hope am able to convince the bank personnel & they make life of my mother a little more easier & peaceful.

Kumar Doab (FIN)     03 July 2016

The concerned authorities have asked for affidavit and you have produced it.

Wish you the best.

Dr J C Vashista (Advocate)     03 July 2016

Very well advised by expert Mr. Kumar Doab, nothing more to add.

I fully agree and appreciate his opinion and advise.

The author may consider the last point raised by the expert in RED ink, which is equally important for the motivation of experts on this platform rendering FREE social service  utelising their individual intellectual properietory right at the cost of their time and efforts.

Kumar Doab (FIN)     03 July 2016

Learned Senior Expert Dr. J.C.Vashista,

 

Sir,

 

Many Thanks for your comments.

 

With Regards

KumarDoab 

Kumar Doab (FIN)     03 July 2016

@ Bhaskara,

Hope you will appreciate my comments and also comments of Expert Dr. J.C.Vashista and respond.


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