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Is succession certificate valid to claim a share in property


21-Dec-2023 (In Property Law)
Dear Concerned , My brother had died in this year and he had kept nominee to my mother at place of his wife as he has not not any faith on his wife.However now my sister in law has filed a succession certificate for herself. Please respond for the following questions 1. Effect of succession law 2. My mother does not need that money however she wants to secure future of her grandchildren so that all the money can not be spent by my sister in law.We have doubt that after getting money she will leave children . Please suggest path.Does the concept of trust applicable in this case . Can we ask court to create on trust for my brother's money so that earning/interest on money can be used for children and they can get principle amount after attaining the age of 21 yrs.
Answers (2)

Answer #1
532 votes
Dear sir it is not clear from your question that your sister in law has filed the succession certificate suit or succession certificate has been issued by the court in her favour. Once clear all these points so that exact solution of your problem can be provided.
Answer #2
523 votes
You need to appear for the succession case with proper defense in which you provide the details of the nomination. There are different judgements on the nomination and succession laws. Once the asset is on your mother's name, your mother can create a trust for the specific purpose of welfare of her grandchidren.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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