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Brijibabu (housewife)     27 July 2012

Legal heir or succession certificate

My husband was working in the merchant navy and he passed away 2 months back. his ship was insured and since he passed away while on duty, the insurance people say to process my claims, i need to produce legal heir certificate which i have applied to the tahsildar in meenachil taluk of kottayam district kerala. i am told that legal heir certificate has some restrictions in the claim amount that i can get and that i should posess succession certificate to get the full amout of my claim. is this true? only legal heir certificate that is published in kerala gazette is not enough? is it necessary to get sucession certificate from court too? pls advice, urgent.



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 4 Replies

Atul D Suryavanshi (Attorney - JC Law Firm)     27 July 2012

 

for getting succession on the property of your husband you must get succession certificate form Court only. The certificate issued by Tahsildar is not recognised everywhere. It has limitation.

 

Better you apply for succession certificate in District Court under Indian Succession Act. You have to disclose all the relevant fact to the Court as to Place of resdent, need of Succession certificate, persons who are the successor to your husband your i.e. Childen and all......

 

 

 

Regards,

Atul Suryavanshi

Managing Partner

  JC Law Firm

Mobile- 09923552956

Email: atul@jclawfirm.in

Ajit Singh Cheema (practising Advocate)     27 July 2012

Under the circumstances it is  better to apply for succession certificate and get one .That will solve your problem. It is not that difficult to get a succession certificate from a civil court .

Om Prakash Dhusia (HR assistant)     28 July 2012

Succession certificate is a must and can be had from the Session Court (Civil) at your district. You have to submit the No objection from all of your sons and daughetrs. Publish a notification in the local news paper if any of your kins has any objection etc etc and you would be needing a Income tax certificate also but please consult some good lawyer to guide you sincerely.

Atul D Suryavanshi (Attorney - JC Law Firm)     29 July 2012

 

For  Succession certificate   the successor has to apply either to District Court or Civil judge Senior Division. No object for children is of no use... as they are  also successor of the Deceased. They must be party either as Co-Applicant  or  Respondent. Income Tax and other documents are of no use. successor need Documentation to satisfy the Court as they are the real successor. Docuemnt may be Marriage Certifcate, Ration Card, Voter Card, Passport or any docuemnts shows the relation between deceased and successor.....

 

Feel free contact if further clarification required.

 

Regards,

Atul Suryavanshi

Managing Partner

  JC Law Firm

Mobile- 09923552956

Email: atul@jclawfirm.in


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