fate of succession certificate
sanjay sharma
(Querist) 02 August 2011
This query is : Resolved
sir
my mother was having some kisan vikas patra of post office in her name and my younger brother was nominee in those KVPs. my mother left with a will that entire portion of her assets will be transferred in my(elder son) name. after her sad demise i approached the court for seeking succession certificate and my younger brother was made party in the court that after hearing the case and going through the will of my mother the court awarded succession certificate in my name i approached the post office along with succession certificate for the payment of kvps owned by my mother but they refused to make payment to me and stated that the payment will be made to nominee only my younger brother having learnt that succession is orderd in favour is not approaching the post office and neither he is stopping me to take recieve payment and nor stopping post office for making any payment to me but post office at his own asking me to bring the nominee/my younger brother to recieve money from post office.i request you to kindly suggest me that what should i do with post office. should i go for lettigation with post office only or i should include my younger brother who is not putting any hurdel and not in the picture between me and post office. that kindly let me know the fate of succession certificate awarded to me in this regard and what will be the fate of KVPs which belong to my mother if my younger brother the nominee does not claim from poat office.
regards
sanjay sharma
ajay sethi
(Expert) 02 August 2011
1) please note that nominee is only a trustee
2) your mother has left a will and she made you a beneficiary .
2) you have obtained necessary certificate from court .
4) post office is bound to make payment to you
5) issue a leagl notice to postal authorites
Raj Kumar Makkad
(Expert) 02 August 2011
Serve post offie a legal notice narrating the issuance of succession certificate and your efforts to get the deposited money from post office and their delay tactics. If post office authorities do not take favourable action within stipulated time of 2 months then file a civil suit against them.
sanjay sharma
(Querist) 03 August 2011
respected Mr Ajay sethi and mr Raj kumar makkad,
thankyou for your valuable suggestions kindly let me know wheather civil suit or contempt of court will serve the purpose in this case and wheather i can ask post office that what efforts they have made to pay the amount to nominee and please also inform that if nominee does not turn to post office what will be the fate of amount with post office please also inform can i ask the post office to make payment to nominee and what steps will be taken by them to ensure that amount so paid to nominee will be handed over to me. if after recieving the payment nominee refuses or epsconds without making payment to me what steps will be taken by post office to safe guard my share wheather post office will have to issue a certificate that in the event of payment to nominee they will be laible to pay my share if refusd by nominee or in the event of epsconding.
with regards
sanjay sharma
Raj Kumar Makkad
(Expert) 04 August 2011
Succession certificate is meant for even your brother. If he do not obey and do not hand over your remits received from bank/postal authorities, you can drag him in court and ensure its compliance with cost and expenses.
