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KPR MURALIDARAN (SR PROJECT MANAGER)     26 May 2013

Sharing of final due among legar heirs

Dear Colleague,

My Co Brother suddenly expired in the month of April 2013 without leaving any will and has several outstanding loans, liablities from pawn brokers etc and was working in kerala state government undetaking. His wife has applied for legal heirship certificate including her name. 1 major daughter, 1 minor son, & his mother.The decased person has one living brother married. How to bifurcate the proceeds of the retirement benefits & liabilities among all four?

1) 2 LIC policy in the name of deceased . ( both son & daughter are nominee )

2) EPF balance amount - nominee in the name of wife

3) Leave salary & gratuity - Department wants legalheirship certificate before release

4) All liabilities - will it be shared among all four?

5) One ancestor property already partitioned  is being sold now - is it necessary to give mother due though a share as per partition deed is standing in her name in view of deceased father is not alive

6) Property of Deceased Father - Transferred in the name of living mother - Deceased has given to the brother - can we claim legally now if it not registered

KPR MURALIDARAN



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 May 2013

Let your co-brother's wife file a P & Sc ( probate and succession certificate)in the civil court to claim the financial benefits.


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