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swati (manager)     27 September 2013

Succession letter

My dad and mom have passed away and I have all their relevant documents (including death certificates). There was no will left.  I also have a brother who is a complete wanderer. He is into drugs and most of the time he is non traceable. Well, my mother's gratuity and other salary payouts are pending with the employer. The employer has insisted on a succession letter that should be on my name - as there is no nomination. How should i go about it? Is it possible to get a succession letter in my name. My mother passed away in 2011 and since then funds remain unclaimed.  Last year I met my brother and requested him to get the dues cleared but he doesnt care and continues to live his intoxicated  life.

I currently reside in NOIDA and would come it's authority. 

Kindly guide.



 3 Replies

C.V.Kansara (member)     28 September 2013

Approach a local lawyer and get succession certificate from competent court.

swati (manager)     28 September 2013

Thanks, so I should understand that it is possible? I mean wont there be any issues on the getting letter on my name as I have a brother?

shanmugam lakshmanan (senior)     29 September 2013

You have to apply for succession certificate to the estate of your mother i.e for all movables, securities and  pecunary benefits  as requited by Indian succession Act. As you brother  not co-operative you have to cite him as Respondent in the said application.  It is also important to note that  youmay receive the benefits payable to your mother as you stated but you cannot own it yourself.  You and your brother  entitled to get  equal share if there is no other heirs are available. Pl. consult and Advocate near to you. Good wishes.

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