will and succession certificate
kanish.verma
(Querist) 13 January 2016
This query is : Resolved
If there is a will duly registered and the deceased was a government employee is the succession certicate necessary for claiming the property and gratuity and other related assets of the deceased..if the will is sufficient to claim the assets what remedies do we have..plz suggest
Kumar Doab
(Expert) 13 January 2016
Has any nomination been made by the employee?
The WILL may have to be probated.
kanish.verma
(Querist) 14 January 2016
no sir she did not nominate anybody in the nomination form,would the succession certificate be required in such a case..?
is the university right on their part asking for the succession certificate despite the presence of a duly registered will..yes or no and what needs to be done if either is the case..?
plzzzz help
Devajyoti Barman
(Expert) 14 January 2016
In govt service nomination is mandatory in most cases. However since there is no nomination then the benefits would be equally distributed among his legal heirs and if there is scramble or dispute for the share then the department may very well ask for succession certificate for the same.
P. Venu
(Expert) 14 January 2016
The query is short of material facts. Please post them.
Rajendra K Goyal
(Expert) 14 January 2016
Generally to avoid complication the department ask for succession certificate in absence of nomination.
You should apply in writing with copy of will to dispose the assets in accordance to will.
Other assets can be inherited in accordance to he will.
Kumar Doab
(Expert) 14 January 2016
Show the WILL to your bale counsel and understand what has been bequeathed in the WILL.
Present the WILL to dept. and other authorities under proper acknowledgment.
Let them reply in writing.
kanish.verma
(Querist) 14 January 2016
A person died ( govt. Servant) without making a nomination in the documents with the concerned university..but there is a duly registered will which the university is not taking into consideration for the payment of gratuity and other securities and is asking for the succession certificate. Is the university right and plz suggest the remedies..?
Can a writ be filed in hc for mandamus.. ?
Or we need to file an application for obtaining a succession certificate.
Plz suggest.
Thanks a lot for above replies..
Adv. Yogen Kakade
(Expert) 14 January 2016
Whether the amount of gratuity and other securities are specifically mentioned in the will along with the details of the beneficiary to whom it has to be transferred?
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in
kanish.verma
(Querist) 14 January 2016
Yes everything is clearly mentioned..insurance..property n gratuity etc..then what needs to be done..? Plz help
Kumar Doab
(Expert) 14 January 2016
The employer is trying to act in accordance with Sec:2(h), 6; of Payment of Gratuity Act,1972.......................Or corresponding sections of Gratuity Rues of the establishment.
Kumar Doab
(Expert) 14 January 2016
If no nomination has been made, it shall be paid to the legal heirs of the deceased employee or if the heirs are minor, the share of such minor shall be deposited by the controlling authority with a bank till he attains majority.
kanish.verma
(Querist) 14 January 2016
Ok..but the problem Is they are refusing to psy without a succession certificate.. What remedy does one have in such a case
kavksatyanarayana
(Expert) 14 January 2016
If they are still insisting for succession certificate, then apply in the court for succession certificate.
kanish.verma
(Querist) 14 January 2016
5% stamp duty. I want to be a rational..it is gonna be a hefty amount to pay in advance and the same is not refundable..so u mean i don't have any other remedies...this law in India is damn crazy...a person needs to pay 5% to inherit the amount that their parents left..damn crazy law...this is like dacoity and loot...:/
P. Venu
(Expert) 14 January 2016
I am afraid the query is misconceived. The gratuity in respect of the deceased employee is not a matter of inheritance. It is an entitlement of the the family of the deceased employee. It is not a matter of succession in estate of the deceased employee and hence the Will is of no relevance. The gratuity will be paid once the family (the wife and/or children) submit the required application with supporting documents.
kanish.verma
(Querist) 15 January 2016
Venu sir...then why on earth the university is asking for a succession certificate..? What should be done..?
prabhakar singh
(Expert) 15 January 2016
When a person dies after testating a will, irrespective of the fact of registration of WILL, the beneficiary needs to obtain a letter of administration or a probate from the court to claim estates of the deceased lying in the hands of third persons.
kanish.verma
(Querist) 15 January 2016
Is there any difference between succession certificate and probation of will or are they one and the same thing or if there's any difference what's that..?
M/s. Y-not legal services
(Expert) 16 January 2016
succession certificate and will probate both are different to each.
you need to consult your local lawyer for further proceedings
Kumar Doab
(Expert) 16 January 2016
You are welcome.
It is good to see that querist/author has thanked the experts for their posts.
