How to get succession certificate and clarification on jurisdiction.
28-Feb-2023 (In Family Law)
A person died in 2008 in Vishakapatnam without a will. The bank directed the heirs (i.e. the 3 children) to obtain a succession certificate for release of FD/account money. A suit was filed in Kanpur along with the bank as a party and the matter dragged on for years. Finally the same was withdrawn and a testamentary suit for succession certificate was filed by the 3 children. The matter drags on in Kanpur and nothing has happened in the last 2 years. The children want to withdraw and re-file in New Delhi. Q1) Is there a limitation period as to when succession certificate can be applied for? Q2) The matter was originally filed in Kanpur since one of the children lived there and the other two did not have permanent residences. Now unfortunately the Kanpur child has shifted (due to certain death in the family) and the other two children have permanent residences in Delhi. The FD/bank accounts need not be in New Delhi (may be Kanpur). Can residence of Delhi children be valid jurisdiction
Yes, the suit can be filed in Delhi since residence gives you jurisdiction based on two brothers, who are the co-plaintiffs. The limitation can be condoned because of sufficient cause and bonafide action if the suit in Kanpur is withdrawn with liberty to file a fresh suit in Delhi. There are many other details which will be required in this case.
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Answer to your first question is in negative means there by there is no prescribed limitation period for applying succession certificate... Answer to your second question is again in negative is there by you cannot transfer case from Kanpur to Delhi.....
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