requirement of succession certificate

Querist : Anonymous (Querist) 06 December 2009 This query is : Resolved
Sir, We two brothers are holding WILL from our mother(now no more) and getting grant of probate from the court. We have applied for legal heir certificate too. After death of testator Oct 08( My mother) 60% pension arrears of 6th pay commission are heldup with Pension disbursement authority ammouting to approx sixty thousand. Pension authority told us to get succession certificate too. We have one married sister and we are willing to share the amount so received(say not dispure). Are the first two documents not sufficient to support claim. Thanks

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A V Vishal (Expert) 06 December 2009
If your mother has not mentioned about the arrears of pension in her will then it is not sufficient, further you have said that you have applied for legal heir certificate, in my opinion a legal heir certificate must be sufficient IF IT INCLUDES YOUR SISTER AS ONE OF THE LEGAL HEIR TO YOUR MOTHER, else you may have to obtain a succession certificate.

Arvind Singh Chauhan (Expert) 06 December 2009
Vishal Sir is quite right.

Poonam Upadhyay pathak (Expert) 06 December 2009
Vishal sir is right.

Sachin Bhatia (Expert) 06 December 2009
agree with Mr.Vishal

Raj Kumar Makkad (Expert) 06 December 2009
An affidavit duly signed by all other legal heirs in favour of one legal heir is sufficient for the departmental authorities to release the amount of arrears and no succession certificate is required otherwise you will have to pay heavy amount for this. Move a joint application for release supported by an authority letter of all other legal heirs in favour of only one. This is more than sufficient.

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