Context:
My Grandmother married in 1946 & my mother was born in 1949. Unfortunately my Grandfather passed away in 1954. In 1968 my Grandmother re-married in London. The person whom she married in 1968, it was his first marriage. My Grandmother did not have any children from her re-marriage. So in short my mother is the only legal heir. The person whom my Grandmother married in 1968 passed away in 2015 & within the same month my Grandmother passed away as well. They both died intestate.
Claim:
All assets (Bank A/c, Property - Flat & Site) were jointly held by my Grand mother & the person whom she re-married in 1968. Since my mother is the only legal heir to them wishes to stake claim on them.
Status:
At present we have obtained Family Tree Certificate issued by Nada Kacheri (Revenue Dept.) of Govt. of Karnataka & tried applying in the bank by furnishing Indemnity Bond & the Family Tree Certificate.
Query:
I would like to know is it mandatory to get Succession Certificate to stake claim on the assets (Note - Banks are asking for Succession Certificate) or is the Family Tree Certificate sufficient? I also read about a few cases (eg: https://indiankanoon.org/doc/148076242/ & https://indiankanoon.org/doc/19101361/ ) where the courts decided in favor of petitioner without the need for Succession Certificate. In short would like to know is it mandatory to get the Succession Certificate for my mother to claim the assets or any alternative legal recourse is available. Hope my query is clear.
