Succession Certificate
Chetan Pardakhe
(Querist) 11 June 2011
This query is : Resolved
That the mother is prosecuted u/s 302, 34 IPC to kill her husband. She have 2 daughter now she is on bail and resided at her parents house and the daughters are resided with their grandfathers (father’s father) house.
The husband was the policy holder of LIC, as per law wife and 2 daughters are Legal heirs of that person.
The LIC insist succession certificate but the daughters are minor?
My query is that whether the grandfather (Fathers father) is entitled for succession certificate or pls pro vide me what to do along with legal provisions ………
Regards
Ravikant Soni
(Expert) 11 June 2011
Is father's mother alive?
If she is alive then she can file pet.
Ravikant Soni
(Expert) 11 June 2011
Mother killed her husband so she has become disqualified according sec 25 of HSA.
prabhakar singh
(Expert) 11 June 2011
Mr. Ravikant is right,if mother charged with,gets convicted shall stand disqualified and at this stage succession would be denied to her.BUT TO PUT HIS"query is that whether the grandfather (Fathers father) is entitled for succession certificate or pls pro vide me what to do along with legal provisions ………" ANSWER:
His grand father can not seek succession certificate in his own name.BUT he can apply
on behalf of two minor daughters,pleading that he is their guardian and he has no adverse interest to the interest of the minors.And that minors are residing with him and it is he who is looking after them as nearest relation in absence of their father(killed)and mother(accused of killing),therefore he is natural and law full guardian of the two minors.
you are advised to take help of provisions of section 13of HM&G Act1956 and part10 of indian succession Act and also that of guardians and wards Act.
Devajyoti Barman
(Expert) 11 June 2011
Th3 de facto guardian i.e. the paternal grandfather of the minors can ally for succession certificate.
M V Gupta
(Expert) 12 June 2011
I agree with the observations of Mr. Prabhakar and Mr. Barman. Grandfahter can apply for guardianship of the person and property of the minor children and also apply for succession certificate in favor of the children in question for claiming the amounts from the LIC.
ganesh kumar
(Expert) 13 June 2011
It is very well clear that mother is charged and her conviction disqualified(according sec 25 of Hindu Succession Act.) her accordingly and at this stage succession would be denied to her. The second quety is whether the grandfather (Fathers father) is entitled for succession certificate. Grand father can not seek succession certificate in his own name. BUT he can apply on behalf of two minor daughters stating that the minors are residing with him and it is he who is looking after them as nearest relation.
