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manoharan   25 November 2019

Succession certificate for my wife

As my wife was having taken care by my mother inlaw until one year after that she has given to my mother in law's sister. My mother inlaw's sister has adopted my wife and given food and shelter and education etc. Since adopted mother and father is no more now and property of adopted parents has been settled through civil sessions court through compromise. This was done based on property will made by adopted mother on my wife name. Now i want to apply succession certificate through local thasildar office. but Thasildar has refused to provide her succession certificate as there was case filed by her adopted father's son not to provide succession certificate to my wife stating that she is not  his parents siblings. Since maternal mother is alive and father is no more. Shall her apply succession certificate by producing death certificate of maternal father. As there is no birth certificate available for my wife. Proof of documents passport and marriage certificate which are in adopted parents name. How to approach this problem? Any legal relief for this case?



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 14 Replies

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manoharan   28 November 2019

Hi Yogesh Khetani. Thanks for your response. however the response is not relevant to the query i have raised. Can anybody suggesst the way forward. thanks

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Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     29 April 2020

Whether your wife had been adopted by her biological mother's sister through Adoption Deed where her biological parents signified their consent to give their daughter in adoption?  As you have stated that there is Will in favour of your wife and if there is any executor/executrix to that Will,then it is necessary to apply for Probate.however,if there is no mention of executor/executrix in that Will, then it is necessary to apply for Letters of Administration before the Court of Law and there is no need to apply for Succession Certificate separately.

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