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How to claim for property when legal heir certificate is already made
06-Jul-2023 (In Civil Law)
My mother died on May 2016, she was a principal in mcd school. My father also expired on Jan 1989 . I have one elder sister who is Govt teacher and i have one big brother who also died in 2012 n his wife and her son also leave the home after brother death. Now the question is my mother retirement funds PF and all benefits are stuck in mcd office as in gpf my mother mentioned me and my brother as nominee with 50 50 share n in year 2007 my mother published on newspaper for disowed my elder brother from moveable or in-moveable property but suddenly my sister in law has submit an application for her share in my mother retirement money and all benefits. N now she again not living with us, she is married now in her village. Now mcd said for making succession certificate. So my question is can i apply for succession certificate alone in the court or in the tahsildar in sdm court.. What will happen if i mentioned only me legal heirs as i already made an affidavit from tahsildar. How should I proceed?
No, all the heirs must be party in petition for succession certificate in district court. You need to take power of attorney from your sister. If your sister in law is married again but his children are legal heir of the deceased. Because in this process, court issues a notice in newspaper regarding the same and specifies the time frame within which if someone has objection he or she may raise it with the court.
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Adv. Laksheyender Kumar
Delhi | 100+ Answers
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You will have to file a case for succession certificate. Succession certificate only shows the legal heirs, if at all there is any dispute with the partition that will have to be dealt separately by way of partition. Get a succession certificate as of now so that you can claim your part of the properties left behind by your parents.
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Adv. Prashant Kumar
Delhi | 100+ Answers
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See legal heir certificate will be issued on the basis of surviving members in the family. Daughter is eligible for a share in a family since 2005. However whn there is a provision to nominate a name like in insaurance . In bank accounts or in provident fund account then amount will be divided as per the ratio mentioned in that nomination form.
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Adv. Rajpal Singh
Delhi | 25+ Answers
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