Difference between succession / legal heir / depednent certificates
balwinder s bains
(Querist) 24 January 2013
This query is : Resolved
1. What is the difference between all these three certificates and in what and which conditions or circumstances these are fit to use?
2. After death of a government servant his family is given certain post death benefits please advise which is the appropriate certificate to claim each or all benefits separately.
3. Succession Certificate - Is SC can only be used to claim immovable property or The post death payments or benefits (of govt employee as GPF, Gratuity, Ex gratia, GIS, DLI AND Family pension etc) are also released on the basis of succession certificate or legal heir or dependent certificate?
4. If a son is debarred by his both parents can they claim these benefits being his parents or successors after the death against his minor son and surviving widow wife.
Thanks again & regards.
Legally who stands where?
Guest
(Expert) 25 January 2013
It seems you have decided to learn several laws in one stroke, to learn which a law student has to put in a number of years in attending law classes!
Your questions are quite irrelevant unless you state what relation you have with the deceased Government servant, whether wife of the deceased is alive and what type of problem the family of the deceased Government servance has to face in claiming the retirement/ terminal benefits of the deceased Government servant?
P. Venu
(Expert) 25 January 2013
There are notified statutory rules. Please study them and come up with specific queries, if any.
balwinder s bains
(Querist) 26 January 2013
Dear Mr. Dhingra and Venu Jee,
I am really grateful for having your opinion and valuable advise.
Dhingra Sahib, perhaps You are a bit wrong in
assuming that I want to learn several laws in one stroke. But I respect your opinion as this is an open forum purposely in existence to discuss law points & perhaps to assist the public.
Our system has gone so corrupt that even if you don't like to learn it forces and pushes one to learn it. I don't think its really a wise decision to openly declare your identity and relationship with the victim. But rest assured I am really not here to do so per your opinion as you commented above..
I am here to assist or a bit help real victims mainly widowed mother and her minor kid of 4 years age.
The person died about plus a year earlier, His sister took a advantage got almost all the properties transferred in her name(Agricultural land, plots, residential Kothi) plus had custody of all movable properties including gold, cars, cash etc etc. Even her husband (having political high connections) about one month after the death used THE ATM CARD of the deceased and as such stolen money of the kid. Putting all hindrances to stop getting them LR OR Dependent certificates from the DC office.
After about more than a year of the death they could not get any post death benefits - such as Ex gratia - which is normally released immediately after the death to the family, GPF, Gratuity, GIS, DLI, Leave en-cashment etc etc. She has been running from pillar to post but in vain.
I hope you could get the idea if my questions are valid or not. Still even If you disagree, I will respect your opinion with all humility.
Best regards and many thanks for giving me a chance to put the painful story unwillingly before the learned world of law experts.
Apologies if I have mentioned any offensive word. Thks again. TC
V R SHROFF
(Expert) 26 January 2013
for use of ATM CARD AFTER DEATH OF PERSON, CHARGE HIM FOR IT, AND HE WILL BE BEHIND THE BAR; CC TV footage will prove his crime, and Banks are bound to take action.
being legal heirs hv right to safeguard r share in it, and hence can complaint for it.
Never ask Query in academic form; Ask directly, how u r affected, and ur problem/ objective in short.
We will not entertain academic query.
prabhakar singh
(Expert) 26 January 2013
Agree with Mr.V R SHROFF.
Would also like to state widow and other heirs of the deceased should lodge criminal complaint against his sister for misappropriation of deceased properties ,apply for succession,and should move mutation application at relevant offices.
prabhakar singh
(Expert) 26 January 2013
Meanwhile I noticed your first post to which my answers are as follows:
1.To prove death of a person only death certificate is required.
2.Succession certificate is required to claim
movable valuables.
3.For service benefits even legal heir certificate which is issued by Tehsildar/SDM/DM is often considered sufficient even without any succession certificate.
4.Your question about "debarred son by both parents"is not clear and does not convey me the problem posed.
If any person desires that his any of the heir in law shall not inherit his/her property then he/she needs to write a WILL.
To me unless a WILL is left by deceased there can not take place a debar of an legal heir even if relations were not cordial and there was any paper publication
of disownment of relationship.
ajay sethi
(Expert) 26 January 2013
agree with prabhakar singhji and shroff
Guest
(Expert) 26 January 2013
Dear Balwinder,
I still have my own doubts in your story, as you asked several unrelated cademic queries of general nature pertaining to property law, succession law, service laws & rules, banking law, insurance law, etc., but without touching the real cause of the actual problem being faced by the lady in the hands of the departmemt.
Specifically, the story of debarred son by both the parents does not fit in any manner within your story when the widow has merely a son of 4 years old. From where the question of debarred son arises and who happens to be the debarred son of which parents, i.e., the parents of the deceased employee or the son of the deceased employee?
You want solution, but without preferring to state the real problem and the reason afforded by the department in not settling her claim. If the lady was a legally wedded wife and her claim is genuine, nothing, including relatives, can debar her from claiming dues of her deceased husband where she does not even need to submit any succession certificate to the concerned Government department. The list of family members/nomination submitted by the Government servant during his life time can very well entitle her to claim dues of his husband. However, if she was not a legally wedded wife or her claim is not genuine, as per pension rules, even a succession certificate would not be of any help.
So, unless you narrate the real story with present status of the case or the nature of objection raised by the employee's department, nothing can help even after several years of fatigue if you try to solve the problems merely on hit and trial methods. Rather, hitting on the root cause of the problem is quite necessary, but you are not ready to make a mention of that. Even the latest story is your generalised version in your own manner, not making any mention of the specific nature of the hurdle the lady is experiencing in claiming her dues.
The topic of your query is "Difference between succession / legal heir / depednent certificates." The question arises, after knowing the difference between succession / legal heir / depednent certificates, would you be able to get the lady all her dues?
P. Venu
(Expert) 26 January 2013
So far as Central Government servants are concerned, the benefits in case of death of the Government servant are to be given to the members of the family, based on the nominations made by him/her (these are generally kept in the service book or in the personal file). Nominations made prior to marriage become void on the official acquiring family.
Please visit the office where the author's friend was employed and meet the controlling officer or the Head of the Office. They will certainly help.
