Delay in Issuance of Succession Certificate
Parthasarathi Loganathan
(Querist) 18 December 2010
This query is : Resolved
Case Details:
1. A and B are husband and wife married in 1961. Both were Government servants.
2. A and B has three boys.
3 During the lifetime of B, A got married to C with the full consent of B since the latter was ill as the young boys were to be taken care of. In the mean time C gave birth to one daughter fathered by A during the year 1976 during the lifetime of B
4. B expired on 1982. A did not reveal his marriage to C to the Government and no entries were made in his service Register during his life time.
5. A also expired in 2002. Since the boys were brought up by their step mother C, legal heirship certificate was obtained since all the four children born to A gave full physical and moral support to C and continue to support.
6. Since there are no entries in the service records of A with regard to C who is entitled for family pension, she has filed a Succession Certificate in the Poonamalle Sub Court Chennai with the full support of her three boys (step children) and her own daughter. LH Certificate of A states every member and all extend full support to C. My query is:
a. Application for SC is pending for more than one year in the court.
b. Though every documentary evidence is available with us to prove A and C were living as husband and wife (Ration Card & Birth certificate of daughter) how long will the court take to issue Succession Certificate?
c. What are the stages of issuance of SC by Court?
d. Whether C is in legally entitled to claim SC from the Court seeking inheritance of A with the consent of all other legal heirs?
e. Can bigamy factor of A make C to loose succession in order to claim family pension from the Government.
f. Since C is aged 70 years now and has been deprived pension for more than 8 years (husband died in 2002)whether she is entitled to claim arrears of family pension, in case Succession Certificate is issued by the Court.
Please guide.
Arvind Singh Chauhan
(Expert) 18 December 2010
Sir I think legally C is not entitled to obtain succession certificate as being illegal wife, But daughter of C as being illegitimate child is successor of A.
Parthasarathi Loganathan
(Querist) 18 December 2010
But having associated with the family of A serving for more than four decades and brought up the children during the life-time and after the death of B, is the law unfair to C in seeking Succession of A? How this case could be contested to establish the legal rights of C in claiming family pension?
Arvind Singh Chauhan
(Expert) 18 December 2010
Sir C is entitled to family pension if she is unmarried or under the age of 25 years generally, but rules for family pension may defer department to department. She is legal heir also of A. At first she must apply for family pension mentioning herself A's successor. If Department ask for succession certificate.I am sure that court can't deny to issue succession certificate in favour of C if other successor don't object.
Khaleel Ahmed Mohammed
(Expert) 18 December 2010
Dear Parthasarathi,
Reply to your Q a and b.It depends upon the work load of the court.
Reply to your Q c notification in the local prominent news paper whom so ever it may concerned is required.
Reply to you Q d. Absolutely she is entitle to get succession certificate.
Reply to Q e . there is no bigamy factor at all, as you have stated that, A married to C with the consent of B.
Absolutely she is entitle for all benefits provided to the widow of the deceased employee, and also she succeed in the properties left by her late husband.
Parthasarathi Loganathan
(Querist) 18 December 2010
Thanks to Khaleel and Aravind for the valuable guidance. Poor lady C who had sacrificed all her life for the welfare of A's family performing the duties more than that of B needs pension at this old age. Though supported well by children, she must not be denied of her legitimate pension entitlements. In fact, the concern is since C is also aged 70 now suffering from Chronic Diabetes, and the matter getting delayed in Court, what is the recourse to hasten up the matter to claim the entitlements?
Raj Kumar Makkad
(Expert) 18 December 2010
As opined by arvind, C is not entitled to inherit any portion of the property or the service benefits of her deceased husband as the second marriage during the life time of first wife is void ab initio but daughter born out of second marriage is a legitimate child of deceased and she is legally entitled to inherit the share of the properties of her deceased father eual to her brothers.
Courts publish in news-paper the notice to the general public and then after obtaining evidence from both the parties, consider the case in the light of relevant law on the subject and then decide the matter after listening argument and case law. Nothing can be commented about the time to be taken.
Y V Vishweshwar Rao
(Expert) 19 December 2010
The Employer Department required the S- Certificate for Pension clearance- The delicacy is there as expressed by learned friends - legality and Long Standing relation as Wife - all family members accepted her as wife and even first wife during her life time accepted the same - Wife status claimed only after the death of First Wife - The Court may consider all these facts- it can not be denied - I feel there is no wrong in claiming S-Certificate!
