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Arti Singh   21 July 2015

Related to succession certificate

Hello Sir/ Ma`am,

I am a Hindu woman from UP. I was married with my husband in 2001 in a Hundu Temple in a presence of pandit ji and very few family members without any marrige registration and were lived together in my husband`s owned house with my mother-in-law. 

My husband was shot and murdered by my brother-in-law (my husband`s own younger brother) in 2007 and was jailed for the same since that time. My mother-in-law was suffering with cancer and was died in 2007 before my husbad`s death.

I was 1 month pregnet at the time of my husband`s death and birth a baby girl in 2008.

I have no legal documents to proof my marriege, i also not have any photographs or videos of marriege. He had nominated me in his some investments like Mutual Fund and Insurance (all these claims are settled in my name).

I have filled for succession certificate in Civil Court in 2008 which is still pending as my husbands relative claims him as a legal heir by objecting my marriege. They were trying to prove me froud woman.

Someone suggests me to go for DNA test but my advocate refused it.

I feel very harrashed and being very hopeless.

Please save my daughter`s future. Please suggest me what to do. Plzz

Regards,

Arti Singh



Learning

 7 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 July 2015

1.   The "pandit" of the temple may be requested to appear before the local magistrate and file affidavit confirming your marriage at his hands.  Similar affidavit can be filed by the relatives who attended the marriage.


2.  Based on the above and the birth certificate and the investment nomination documents and bank passbook,  file for "Letter of Administration" with the local High Court, which will enable to transfer the property without any further litigation.


Keep Smiling .... Hemant Agarwal 
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar 

Arti Singh   21 July 2015

Thank you so much hemant ji,

1st thing is that i myself trying to locate "pandit" but sadly i came to know that he was died as he is old aged and also my marriage is done before 14 yrs.

my husband has one brother (his murderer) and one younger sister i.e my sister-in-law.

my sister-in-law and his family members are in my favor since starting as they know truth and are also vitness of my marriage other witnesses are my own family members, and our 2-4 other friends.

But here i also want to tell you that i was adopted my sister-in-law`s son in 2008 after my husband`s death as my nephew is very closed to me and that time due to situation my sister-in-law was easily convinced for the same.

Now, my husband`s other relatives planted a story that i made a hidden agreement with my sister-in-law and her family to grab all my husband`s property illigally. They were trying to prove their words with the help of my adoption certificate.

I also got "letter of Administration" from my District Court against my sister-in-law in 2008 where she submitted NOC in favor to me for a locker held by my husband singly in his name in a PSU Bank. Locker is transfered to me. But his other properties including agricultural land and some other Saving Bank accounts are still waiting for Succession Certificate.

Do i need to go to High Court for Succession Certificate as you mentioned above?

what are other options available to me in the absence of "pandit".

Regards,

Arti Singh

rajagopal.s (Lawyer.)     21 July 2015

Hi 

From the information provided, your strong points are that your husband has nominated you as his nominee for his insurance, mutual funds. 

The Letter of administration from district court will also add credence to your claim. Please go ahead and file for succession certificate in the DIstrict court where your are residing. the courts shall support your cause. i can help in relevant documentation.

rajagopal.s (Lawyer.)     21 July 2015

Hi 

From the information provided, your strong points are that your husband has nominated you as his nominee for his insurance, mutual funds. 

The Letter of administration from district court will also add credence to your claim. Please go ahead and file for succession certificate in the DIstrict court where your are residing. the courts shall support your cause. i can help in relevant documentation.

Arti Singh   21 July 2015

Hi Rajagopal ji,

thank you so much Sir. If you suggest me something that would be highly appriciated. Please tell me what to do i mean how can you help me.

I have already filled for Succession Certificate in my Disctrict Court in 2008 which is still in process.

T. Kalaiselvan, Advocate (Advocate)     23 July 2015

You have already filed the case before district court seeking succession certificate, why and where it is getting delayed.  You have followed all the steps properly and perfectly despite that the case is getting prolonged or delayed unnecessarily for which only your advocate will be having an answer.  Come back with answers for more suggestions after that.

Biswanath Roy (Advocate)     26 July 2015

If in your voter ID Card as well as in your Ration Card and in your Aadhar Card your name was described as wife of your deceased husband then those also will be valid and strong evidences in your succession certificate case.


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