LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijay Sanger (General Manager)     10 February 2010

Succession certificate

Kindly guide that succession certificate is not required in the following case--

01.  Husband, who was in service of Maharastra Govt. Undertaking, dies without leaving any will.

02.  Wife appraoched the Undertaking to get her final dues consisting of Gratuity and PF.

03.  Couple do not have any children.

04.  Mother of husband also represented to Undertaking for dues.

Under the circumstances, kindly guide that no succession certificate is required.

Best wishes,

 



Learning

 5 Replies

Daksh (Student)     10 February 2010

Mr.Vijay Sanger,

In the instant case the policy of the department in which deceased Husband was working has to be seen.   Otherwise as a standard practice the Husband must have nominated one or more person as his legal heir on the basis of which his dues can be released by the department.

Best Regards

Daksh

Vijay Sanger (General Manager)     10 February 2010

I thank you for your email.

No nomination or will has been left by deceased.

Kindly guide and confirm that no succession certificate is required in the present case.

Daksh (Student)     10 February 2010

Mr.Vijay Sanger,

You may produce a indemnity bond with a request application to the concerned official stating that these amount of monies be released to the nominated person who has got the written NOC from other Legal Heirs of the deceased person.  By this way not only the same would be considered to be a joint application but the department can release the payment on the basis of indemnity bond (provided it is within the policy frame work).

Best Regards

Daksh

Vijay Sanger (General Manager)     10 February 2010

In the present case, the mother of deceased has also directly approached the Undertaking. May kindly guide if Undertaking settles husband's mother case independent of dues to be paid to the wife of deceased.

V. VASUDEVAN (LEGAL COUNSEL)     10 February 2010

 It is preferable that the mother of the deceased and the wife mutually agree to share the death benefits, make a memorandum of agreement and submit it along with necessary indemnity/undertaking. In the absence of a will, both are entitled to the benefits. Even if there was a nomination in one's favour the other legal heirs is entitled for her share.

vasudevan

2 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register