LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raju Shah   24 November 2016

Succession certificate for fund before marriage.

Hi..My aunty(mausi) was working with LIC prior to marriage, after marraige of few years she died and my uncle(mausaji) also died after 2-3 years of her death. They don't have any children or legal heirs. My aunty has PPF account which was opened before marriage on single name and her mother name as nominee. Her mother also passed away. My aunty(mausi) has only one sister and My uncle(mausaji) has two brothers in his family. 

My question is who has right on blance lying in PPF account? Can the sister of Aunty(mausi) claim the amount or Brother of uncle (mausaji) can claim the amount?

Please advice. 

 



Learning

 13 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     24 November 2016

Sister of Mausiji entitled as per II part 4th item of Class II heir of Hindu Succession Act, 1956.  Brother of husband is not listed in the Class I or Class II heir.

1 Like

Kumar Doab (FIN)     24 November 2016

From your name it is guessed that you and they are HIndu.

Confirm.

 

>>> In case of Hindu Male:  The estate shall devolve as per Sec;8,9,10,11 of HINDU SUCCESSION ACT, 1956 .

ClassI legal heirs have first right i.e. mother,wife,sons,daughters......

If ClassI legal heirs are not present then ClassII legal heirs shall claim.

ClassII relations:

 

Class II relations 

  • Father
  • Brother/Sister
  • Son’s daughter’s son/daughter,
  • Daughter’s son’s son/daughter
  • Daughter’s daughter’s son/daughter
  • Sibling son/daughter
  • Father’s Parents
  • Brother’s widow
  • Father’s sibling
  • Mother’s parents
  • Mother’s sibling

 

Brothers' of father are present as per your post.

 

 

>>> In case of Hindu Female: ClassI and ClassII is not aplicable. The estate shall devolve as per Sec;15,16 of HINDU SUCCESSION ACT, 1956 .

Since the funds are self earned, and notacquired from husband,parents i.e;

 

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16 :

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother

 

and.................those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.

 

Brothers' of father are present as per your post.

 

Kumar Doab (FIN)     24 November 2016

Go thru:

https://revenue.tripura.gov.in/sites/default/files/hindu-succession-act-1956.pdf

1 Like

Ms.Usha Kapoor (CEO)     25 November 2016

The property o f a female l Hindu dyig intestate in the absense of her husband  and chidren wi9ll go to husband's heirs menas his brothers and sisters. Here in thiss case Husband doesn't  have sistersl. He only has twewo brothers. So your Aunt's property goes to your Aunt;s husbands brother's o ryou rbrother in laws as per the above provisions.I f you  appreciate thi s answer plase convey my forum thanks by clicking thanks.

3 Like

Ms.Usha Kapoor (CEO)     25 November 2016

The p[rovisions of   HSa provides  fo ra female Hindu dying intestate as follows:Accordiong to Sec15-15 of HSA (1)(b) provides as follows

 

>>> In case of Hindu Female: ClassI and ClassII is not aplicable. The estate shall devolve as per Sec;15,16 of HINDU SUCCESSION ACT, 1956 .

Since the funds are self earned, and notacquired from husband,parents i.e;

 

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16 :

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother

3 Like

G.L.N. Prasad (Retired employee.)     25 November 2016

Nomination form is now in built in the application.  The FI is discharged of it's obligation by making payment to the nominee, and the other legal heirs must approach through court for claiming the shares.

Kumar Doab (FIN)     25 November 2016

Succession is as per personal law that applies to deceased owner e.g; Hindu Succession Laws.

In case of NO nomination; approach PO/Bank where PPF a/c was maintained. 

Obtain requisite forms and submit same.

You may succeed with  Legal Heir certificate ( CLassI & II) that is issued by tehsildar.

 

 

 

1 Like

Kumar Doab (FIN)     25 November 2016

You may download the rules and citations for  issuance of Legal Heir certificate ( CLassI & II) from:

https://www.lawyersclubindia.com/experts/Employees-compensation-act-1923-598516.asp

1 Like

Raju Shah   25 November 2016

Thank you for your advice.

We are hindu. We (sister of Masiji) had approch the bank for fund, bank asked to produce the succession certificate from court. By paying approriate stamp duty court issued the news paper notice of claim on behalf of us. Brother of Mausaji and his family filed an objection and claiming that this fund belongs to us. 

Case is lying in the court. Pls. advice on what basis/laws sister of masiji can claim the fund.

 

 

 

 

Kumar Doab (FIN)     25 November 2016

Hindu Succession Laws.

Your own counsel must have advised you.

What is the advise of your own counsel!

Kumar Doab (FIN)     29 November 2016

Engage a good counsel there are few counsels at each location that specialize in such/revenue/property/succession/civil matters.

 

There are counsels known for their unshakable stand for the interest of their clients and integrity and secrecy and confidentiality. At your location  you can find counsels par excellence.

Kumar Doab (FIN)     29 November 2016

If you want to search in LCI databank search at:  https://www.lawyersclubindia.com/lawyers_search/  You can visit yourself Labor Court/CGIT,HC, court complex and inquire, and your near and dear ones, family counsel can also guide you. 
 

Kumar Doab (FIN)     29 November 2016

Avoid falling into trap of many unscrupulous elements loitering at many online portals to fleece the querists........................ and abuse them. Visit the profile of person feigning as so called 'Experts' and read about him/her, before you engage anyone. You may also go thru an interesting post at:

 

https://www.lawyersclubindia.com/forum/Basic-legal-concepts-of-fraud-71001.asp    

 

 

There are many threads at LCI also of Abuse,loot etc etc by impersonating as experts.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query