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Vijay anand (Consultant)     18 June 2021

Legal heir certificate

One of my client s father aged 80 yrs passed away last week.he has pledged gold jewellery in a nationalised bank for 5 lacs before his death.he has a separate ration card with his adopted son who is 25 yrs but mentally retarted.adoption was done in 2005 with his wife's consent since the kid was wife's younger brother son ,(natural parents died in a accident when the kid was 3 months old since then he was taken care by them as couple).his wife son and daughter are in separate ration to get a legal heir certificate.till his death all them lived together.He died a natural get government pension ( special children) for the adopted son he opted to get separate card since he had no income. Jewellery belongs to his wife and to get legal heir certificate to approach the bank and what r the relevant documents. the wife now the adopted son s gaurdian since he is now under her care after the father's death.


 7 Replies

P. Venu (Advocate)     19 June 2021

The facts, as posted are simple and straightforward, but complicated by confused approach.

The adopted son stands in the same footing as other children. The mother is the natural guardian to the mentally challenged son. 

The bank account can be handled by the nominee who is the trustee for the funds for all the legal heirs.

Vijay anand (Consultant)     19 June 2021

Thanks sir for your reply. Will check on the nominee status.

Kishor Mehta (CEO)     19 June 2021

The adoption proceedings should have been done legally.

Shashikant V. Patil (Lawyer)     19 June 2021

Some times bank also asked the consent of other heirs to release cash and jewellery .  In that case, you approach bank auth. to get their direction.

Vijay anand (Consultant)     19 June 2021

Adoption was registered at subregister office.

Dr J C Vashista (Advocate)     20 June 2021

The adoption deed is perfect, valid and legal.

Son steps in the shoes of his adoptive parents for succession of estate of the deceased.

Apply of surviving member certificate from area Tehsildar / SDM.

Facts posted are vague and confusing qua biological parents of (adopted) son, their daughter, property left by the deceased (adoptive parents) and family pension for an adult (adoptive) mentally retarded son.

T. Kalaiselvan, Advocate (Advocate)     20 June 2021

To take care of the mentally retarded person, the adoptive mother has to file a petition before court competent under Mental health act to appoint herself  or any other person as a court guardian.

After that the so appointed guardian can file a succession certificate petition to implead him as a successor to succeed to the assets/estates left behind by his adoptive father.

After  that they can avail the shares of the adopted son legally on the basis of the succession certificate obtained from court to manage and administer his properties as his guardian.

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