Issuance of Succession certificate

Querist : Anonymous (Querist) 16 September 2010 This query is : Resolved
My father was retired from railways in feb 2008.He was expired on 22 dec 2008,and left one married son(me) and two married sisters behind him.My mother was already expired before my fathers death.
Now railways has to pay some dues of my father like salary arears,gratuity difference and leave difference and for this they want succession certificate pls suggest if succession certificate is required in this case,if yes then what is the procedure to obtain it.
As I am the only son of my father.My one sister also got expired in april 2010 with two sons left behind.Now me and my other sister are the only survivors.

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R.Ranganathan (Expert) 16 September 2010
You approach the railways. They have the rules of their own. They will guide you properly.

Arvind Singh Chauhan (Expert) 16 September 2010
They should not asked in such matter for succession certificate but should asked legal heir certificate. At first you should follow Rangnathan Sir's advice.

Querist : Anonymous (Querist) 16 September 2010
First they asked for Legal heir but now they are asking for succession.

Rajeev kulshreshtha (Expert) 16 September 2010
Apply succession certificate u/s 372 Indian Succession Act in competent court.

s.subramanian (Expert) 16 September 2010
I fully agree with Mr.Arvind.They have to deliver these terminal benefits to the nominee of the deceased employee and take acknolwedgment. It is for the nominee to distribute them among all the legal heirs entitled to the same. However act according to the advice of Mr.Ranganathan.

Raj Kumar Makkad (Expert) 16 September 2010
Railway is legally right in its approach to direct you to obtain succession certificate from court of law. As both your sister (though one of them has expired but her legal heirs shall inherit her) and you all 3 are entitled to inherit the movable and immovable property of your father in equal share so you have to obtain this under section 372 of Indian Succession Act implading your sister, legal heirs of your deceased sister and general public as parties to that petition.

Y V Vishweshwar Rao (Expert) 16 September 2010
I agree with the Opinion of Shri R K Makkad.

Devajyoti Barman (Expert) 16 September 2010
Right Mr Makkad.

Querist : Anonymous (Querist) 17 September 2010
Thanks all for your valuable suggestions

Sri Vijayan.A (Expert) 19 September 2010
1. First consult the Railway department
2.Some amounts are payable according to the wish of the employee (Nomination)
3. For other arrears, heirship certificates of ur father and one sister are enough
So approach the personnel department of IR

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