Succession certificate
Querist :
Anonymous
(Querist) 06 April 2011
This query is : Resolved
My father met with an accident and was in coma for 3yrs,in dec,2008 he passed away with no will. We were always a nuclear family (2 daughters) & got no support from my dad's family. my mother had applied for a successon certificate but the court also wants my grandmother to testify, but she would put an objection. she is financialy independant and owns a house in U.P.
Please advise if there is a way to contest the court's decision regarding my grandmother's NOC.
This was my question before to which the experts answered that "Yes, my grandmother is entitled to a share"
Thankyou for your precious advice.
My grandmother has always been independant.As she used to live in UP and we usd to live in delhi. She has got an independant house on her name as well as a lot of cash in the form of FDR's. My Uncle(her eldest son)is an engineer and also both my cousins are employed as engineers in reptued companies.The succesion certificate was applied by my mother to acess the money in my father's saving and current a/cs.
My question now is that:
1) Can we contest our Grandmother's share in court?
If yes, then how and if no, then please tell a way through wich we can minimise her share?
2) Can we claim for maintence? As my father was the only earning member and all the money my mother had went into his treatment.I am married and my younger sister is hearing impaired and is totally dependent on my mother. This is the only money we are left with for which we have been fighting for the past 8 yrs.
3)Can we also claim a share in her property and all the cash she has in the form of FDR's under her name in the bank? As she does'nt want us to have anything and wants to give everything she has to my tauji.
4)As I am married can my husband also claim a share in my fathr's assets?And will it be a seperate share from my mother's and mine?
5)We (both daughters) have signed the NOC, now if my Granny objects and inists on her share, what will the proportion in which the money will be divided?(will she get one-fourth or half?)
I desperatly need an experts opinion and please answer to the qustions in order as I find it quite difficult to understand.
Hoping to get a positive answer.
A V Vishal
(Expert) 06 April 2011
After going through the query the reply is as hereunder:
1) Can we contest our Grandmother's share in court? If yes, then how and if no, then please tell a way through wich we can minimise her share?
Ans. Mother of the deceased is also a Class I heir and entitled for equal share in son's property hence you cannot contest to minimise her share.
2) Can we claim for maintence? As my father was the only earning member and all the money my mother had went into his treatment.I am married and my younger sister is hearing impaired and is totally dependent on my mother. This is the only money we are left with for which we have been fighting for the past 8 yrs.
Ans. You cannot claim maintenance.
3)Can we also claim a share in her property and all the cash she has in the form of FDR's under her name in the bank? As she does'nt want us to have anything and wants to give everything she has to my tauji.
Ans. If the same is self acquired by your grandmother then she can will the same in whatever way she wishes. You cannot claim it as a right in such case.
4)As I am married can my husband also claim a share in my fathr's assets?And will it be a seperate share from my mother's and mine?
Ans. No your husband is not entitled to a share in the property.
5)We (both daughters) have signed the NOC, now if my Granny objects and inists on her share, what will the proportion in which the money will be divided?(will she get one-fourth or half?)
Ans. It is better not to sign NOC since the share of the granny will be reduced to 1/4th and thereafter you can relinquish your rights to your mother.
