Succession
manikandan arunachalam
(Querist) 21 July 2015
This query is : Resolved
Dear all,
I got a case of bit complicated. One Person wants to claim his brother's bank deposits. His brother died few months ago without issues. He applied to thasildhar for legal heir certificate. Following no response he approached collector for action who in turn ordered enquiry. Thasildhar made an enquiry n put a report stating that there is an ration card in the name of the Dead person which contains 3 more members. On enquiry the local people said that they are son, daughter and wife to hin and so they rejected the aplication. But my client says that the report is false and such persons are not true. The died person might have added those names for ration benefit. The died person actually married to one jaya and she went away from him in two or three months of marriage due to some misunderstanding. Died person was aged more than 80 at the time of death. Now his brother who wants to claim his deposits is aged 88. Wat can i do now.
Dr J C Vashista
(Expert) 21 July 2015
Collect all the evidences qua marriage of deceased and produce before the Collector. You may apply for inquiry afresh, wherein you should be able to prove your case before inquiry officer.
Rajendra K Goyal
(Expert) 21 July 2015
The person should be asked to bring the succession certificate from the court to claim the deposit.
If he is Hindu and there exist no nomination, the property would be inherited as per Hindu Succession Act.
If you are a Banker / to release the deposit, inform all these facts to your law department and controllers for guidance.
So mentioned / called wife, if was not legally divorced, has a claim on the property of the deceased and her consent is required to release the deposit.
M V Gupta
(Expert) 21 July 2015
The deceased is said to have married one Smt. Jaya,who is not divorced but has been living separately. As such the brother of the deceased cannot claim to be the heir of the deceased.The fictitious names of a woman and children alleged to have been added by the deceased in his ration card to claim additional rations, can be challenged by the surviving wife and obtain heirship certificate from the collector in her favor. The brother of the deceased cannot do so.
P. Venu
(Expert) 21 July 2015
The certificate issued by Revenue Authorities are insufficient as to inheritance of movable assets of the deceased. The succession certificate needs to be obtained from the Competent Civil Court.
Kumar Doab
(Expert) 21 July 2015
Agreed with Mr.Venu.
sukanya (Joyce)
(Expert) 21 July 2015
better challenge in civil court for order of
succession certificate by filing p &s c case. contestants if possible will prove or case can b decreed. i also agree with Mr venue.
manikandan arunachalam
(Querist) 22 July 2015
Mr. Gupta,
Smt. Jaya the wife of deceased has left within 2 or 3 months n no details of her. Her whereabouts could not be traced out. More over the brother who wants to claim the movables is aged 88yrs. So she culd also have been died.
Dr J C Vashista
(Expert) 23 July 2015
Still deceased is considered married and his wife is class one London.
M V Gupta
(Expert) 23 July 2015
With reference to the further information provided by the Querist Mr. Arunachalam, that the whereabouts of Ms. Jaya are not known ever since she left the matrimonial home, it will be necessary to get a declaration from the court that she is deemed to have died. then the brother can obtain succession certificate in his favor for the estate of the deceased.
T. Kalaiselvan, Advocate
(Expert) 23 July 2015
The civil dead certificate of the wife of the deceased by a court of law and a succession certificate in favor of 88 years old surviving brother will be the legal option, but will he be able to move around and achieve it at this age is the question.
Biswanath Roy
(Expert) 24 July 2015
The Author has no claim for succession of goods and assets left behind by his deceased brother so long the wife of the deceased is alive. If the wife is missing for more than 12 years and no body knows her whereabouts then paper publication is necessary.
