Succession certificate
Guest
(Querist) 17 September 2011
This query is : Resolved
my father died recently . he had some debt in a state government corporation . to release the payment state government corporation is asking for succession certificate. I have a family of
1. my mother
2. one minor brother
3. and one married sister
3. one brother (that's me)
I applied for a Succession certificate in district court by giving the the family register copy from municipal corporation which contained only three names
1. my mother
2. my name
3. my minor brother names
name of sister (married) was omitted because when a daughter is married hers name is struck off from family register. My lawyer told me that not having my sister name will cause no trouble . to which i thought that i should not bother my sister in laws as she (my sister) would have have to go court many time for verification.
Following the above paper given in court i got a Succession certificate as following
1. my mother name
2. my name
3. my minor brother name
Can the above Succession certificate be considered as fraud from my part as i hid the name of my sister.
If yes what should i do to make correction
1. get a no objection certificate from my sister (married).
2. Revocation of Succession Certificate then how.
or is their any other why possible
Please help me
Devajyoti Barman
(Expert) 17 September 2011
1. Yes it is a fraud and criminal act. Hence better to obtain No Objection Certificate which would however not save you from the possible acts of perjury.
2. Yous sister can apply for revocation of SC.
It is better to make an amicable settlement.
prabhakar singh
(Expert) 17 September 2011
There is nothing so serious unless your sister is so serious about it,if she is claiming her share simply pay her by an account payee cheque with a no objection from her that succession certificate was so filed under her instructions as it was inconvenient for her to come to court.
An other alternative may be moving revocation u/s 383 of Indian Succession Act.
Guest
(Querist) 18 September 2011
well my sister is ready to give no objection with out any problem.
so just to make things clear
I have succession certificate already made with the name of
1. my mother
2. my name
3. my minor brother
can the no objection by sister given after the succession certificate has already been made in the favor of above three people
Chanchal Nag Chowdhury
(Expert) 18 September 2011
It is your sister only who can complain & since she is not making it an issue, why worry about it. Just go ahead & collect the debts.
prabhakar singh
(Expert) 18 September 2011
is there any objection from the state government corporation where from the debt has to be collected?Or it is so that they know you have sister; they can NOT deny to give you as per succession issued rightly or wrongly,they simply need to obey the certificate's order.
TO HAVE No objection from sister is being advised for one alone reason that she is the only one who can object,if no objection is taken from her any dispute with her in future in this respect shall stand guarded in your favor.
Guest
(Querist) 18 September 2011
well i can assure you that my sister will never cause
any objection in future what so ever the case may be
state government corporation knows that I have a sister.
so when i present my succession certificate
(without my sister name) can the office take any legal action and deny me payment of debt.
As they need the smallest reason to deny me payment.
reason:-(Office was asking 50% commission to which i denied and moved to court.) so our relation with office are pretty bad.
R.Ramachandran
(Expert) 18 September 2011
When your relationship is not good with the Corporation officials, it is better you do not submit the succession certificate which does not mention the name of your sister.
You better apply afresh for a succession certificate indicating all the legal heirs.
(If need arises then you explain that since you were told that married sister is not to be shown as a legal heir, you did not mention. Now, on consultation it has come to your knowledge that even married sister's name has to be shown in the application for succession certificate. Therefore you are including it.)
Yes, to obtain fresh succession certificate may involve some more time, but in your own interest you have to have patience.
Guest
(Querist) 18 September 2011
so i should cancel my previous succession certificate and apply for a new succession certificate with my sister name in it and tell court that i had no knowledge that married sister is to be included in succession certificate.
can the court impose any penalty on me
as the first succession certificate was made because i had no proper knowledge
R.Ramachandran
(Expert) 18 September 2011
Do not go on fear about things. It was you who made a mistake earlier by not including your sister. Thereafter you were telling us that the Corporation is insisting the succession certificate in your mother's name etc. etc.
You only have to apply for a Succession Certificate again (you need not go in for cancellation) by giving the correct and complete particulars.
The question of any penalty would not arise. Even then you will be able to plead ignorance, tender apology and seek pardon.
Guest
(Querist) 18 September 2011
reason for my panic is because the amount is huge 29 lakh and our financial position is not very good and i am still a college student. So i was just thinking that when i get money i can start a new business and support my family.
court fee for 29 lakh can maximum be upto 75000 only or am i wrong
R.Ramachandran
(Expert) 18 September 2011
How much court fee did you pay when you obtained the earlier Succession certificate?
Guest
(Querist) 18 September 2011
Earlier succession certificate was for rs 90000 present in bank account and i paid some what 3000 rupee as court fee.
this succession certificate has not been used (deposited in bank ) yet.
at the time of issue of this certificate i had no idea of how much debt was present in state government corporation.
I only got the detail (29 lakh) when i moved to high court and filed a writ their that state government corporation is not giving me any payment.
so i have to add this new detail in succession certificate again.
you can consider the first succession certificate as experiment
