Against the order of succetion certificate
rajesh singh
(Querist) 11 August 2015
This query is : Resolved
dear sir,
my client's husband has been shot dead on 27/10/2007,he was at the post of JE in jharkhand and I'm his 2nd wife our marriage is registered and his first wife has died before our marriage left behind her 2 major sons both are also engineer in a private firm.my husband had not been nominated me in his service book in his life time.there is no dispute between me and my step sons and i have decided our proportion in retirement benefits and death claims too but office of my husband made so called dispute and said to produce succession certificate and against it she has been filed a writ petition in hon;ble HC Jharkhand in 2009 please can she get retirement benefits without succession certificate
malipeddi jaggarao
(Expert) 11 August 2015
Your client is not a legally wedded wife. She had not been nominated in service register of her so called husband. If there is any family arrangement to distribute the benefits, it is a separate arrangement, but the Government will not recognize you as legal heir and they are right in asking for succession certificate. It is not easy for you to get the succession certificate through court as you are not legally wedded wife. Hence, withdraw your official claim, let the legal heirs of the first wife get the benefits and you can distribute among you and them as per your arrangement.
Rajendra K Goyal
(Expert) 11 August 2015
The case is pending before HC, department may not prefer to proceed / decide in absence of court directives.
Dr J C Vashista
(Expert) 12 August 2015
Well advised by experts. Wait for decision of HC.
T. Kalaiselvan, Advocate
(Expert) 17 August 2015
What was the necessity to file a writ before high court when the succession certificate could have been applied in the lower court itself? Anyway, the high court decision may be watched for taking next step.
