Pension Claims
Parthasarathi Loganathan
(Querist) 28 March 2010
This query is : Resolved
Whether Succession Certificate alongwith Legal Heirship Certificate is sufficient enough to claim dues from Government with regard to unpaid arrears pension due to the deceased?
N RAMESH.
(Expert) 28 March 2010
Even succession certificate is enough.
Parthasarathi Loganathan
(Querist) 28 March 2010
CRUX OF THE CASE:
Claimant is the second wife of the deceased and the first wife predeceased the Government servant. Other legal heirs have consented to nominate the step mother to receive family pension and other pending dues receivable from Government. Legal Heirship certificate includes the names of three sons of the first wife, daughter of the second wife (all are married) and the widow - claimant (second wife). The deceased Government servant failed to include the name of his second wife in his official records while in service.
In this situation, whether Succession Certificate is enough for claiming family pension and other pending dues and arrears from Government by the Second wife.
Experts to guide me.
B K Raghavendra Rao
(Expert) 28 March 2010
For the purposes of claiming arrears from government, legal heirship certificate issued by revenue authorities is enough. Succession Certificate is not required for claiming government arrears. It is only in the case of claims of properties (movable or immovable) that succession certificate is required.
In Legal Heirship Certificates, you could read last line which says - this certificate is only for claims from government.
Therefore, succession certificate is not required.
M Ravinder Babu Advocate Parka
(Expert) 28 March 2010
Helo Mr,BK Raghavender Rao, did you forgotten,the tahasil dars are not the competent autharity to issue legal heir certificate as per A.P.Highcourt judgement.then your answer to the quareestill correct.
niranjan
(Expert) 28 March 2010
Succession cert.for pension and other govt.dues is enough,no need for legal heir cert.
Parthasarathi Loganathan
(Querist) 29 March 2010
In fact, legal heirship certificate is slated to be one of the basic documents for issue of Succession Certificate as all papers were filed as per documentary proof submitted by the local Revenue authorities
