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Abhishek (Senior test Engineer)     15 September 2017

Succession certificate

Sir, I need to apply for succession certificate for my mother. Can you please let me know if I need legal heir certificate for the same?

My mother's father i.e. my grandfather has married again after his 1st wife (whose only child is my mother) expired and he has a son from his 2nd wife. I need to know if I apply for succession certificate for my mother as she is the successor of my grandmother will there be any issue. Also if legal heir certificate will be required for the same?

 

Attaching the family tree herewith.



Learning

 10 Replies

Kumar Doab (FIN)     15 September 2017

Legal heir may be sufficient.

It shall include name(s) of all legal heirs.

Kumar Doab (FIN)     15 September 2017

It is believed hat you are all Hindu.

And there is NO dispute amongst legal heirs.

The tile of property is in whose name; deceased Grandfather ( maternal)?

What is this property; agricultural land, rural, urban?

It is in which state?

Confirm!

Abhishek (Senior test Engineer)     15 September 2017

We all are Hindu, I need the succession certificate to claim the post office bond whose maturity amount is 1 lakh. My grandmother had kept that bond keeping my mother as nominee. My grandmother had sold a piece of a land which was a inherited land from her parents to purchase this bond. Now my grandfather is interested in the matured amount of the bond and hence creating hurdles in getting the required documents. 
 

This is is state of Odisha. Can you please suggest.

Kumar Doab (FIN)     15 September 2017

Mother being nomniee can claim.

Deceased depositor Claim form with Death certificate, ID proofs etc is to be submitted.

PO can pay to Nominee.

Nominee is mere trustee and has to share the proceeds with Legal heirs.

Kumar Doab (FIN)     15 September 2017

Generically speaking: If your maternal grandmother has not left a valid WILL in favor of your mother then your mother being nominee can claim from PO and act as posted above.

Abhishek (Senior test Engineer)     15 September 2017

Sir, since the maturity amount is 1 lakh the post office requires a succession certificate as mandate. Hence I was enquiring about getting the succession certificate. Now my question is since my mother doesnt have the legal heir certificate and my grandfather is causing hurdles in getting it can you please let me know if my mother can apply for SC in absence of LHC. 

Abhishek (Senior test Engineer)     15 September 2017

Also looking at the family tree shared already can you please let me know who all are legal heirs of my grandmother. Please note that my mother is the only child from my grandfather and grandmother. After my grandmother expired he remarried and now having a son from his 2nd marriage.

Kumar Doab (FIN)     15 September 2017

Originally posted by : Abhishek
We all are Hindu, I need the succession certificate to claim the post office bond whose maturity amount is 1 lakh. My grandmother had kept that bond keeping my mother as nominee. My grandmother had sold a piece of a land which was a inherited land from her parents to purchase this bond. Now my grandfather is interested in the matured amount of the bond and hence creating hurdles in getting the required documents. 
 

This is is state of Odisha. Can you please suggest.

 Dear LCI Querist @ Abhishek,

There seems to be some confusion at PO or at yuor end or understanding your query.

You have posted there is valid nomination.

What is this bond?

Relate with extent rulesof PO.

The claim form and rules that are with Sub-postmaster in PO, or Postmaster in Head PO are clear.

Request to show the rules.

Or go thru at website of PO/Dept. Post.

 

 

 

Kumar Doab (FIN)     15 September 2017

Generically Speaking, Check what Bond it is and Go thru rules under such instrument/Bond:

e.g;

ACTS AND RULES OF SAVING SCHEMES;4A, 6,7

https://www.indiapost.gov.in/VAS/DOP_RTI/POSB_Manual_Vol-III.pdf

 

7;"(4) If a person dies and is at the time of death the holder of a savings certificate and there is no nomination in force at the time of his death and probate of his will or letters of administration of his estate or a succession certificate granted under the Indian Succession Act, 1925 (39 of 1925) is not within three months of the death of the holder produced to the prescribed authority then if the sum due on the savings certificate does not exceed such limit as may be prescribed, the prescribed authority may pay the same to any person appearing to it to be entitled to receive the sum or to administer the estate of the deceased."

 

It shows in case of NO nomination...........

 

Anyhow check, ask  and post clear resson.

 

The post office agent that helped to get the said Bond can also help and guide......... 

Abhishek (Senior test Engineer)     16 September 2017

Sir, this is a 50,000/- rupees bond of KVP (Kisan Vikas Patra) issued by PO. This was matured in year 2014 with maturing amount of 1,00,000/- rupees. When my mother went to claim the amount the post office is asking for succession certificate in absence of original depositor (as my grandmother expired). I checked the PO manual you shared above and understand from that in absence of nominee can they ask for succession certificate. 

Can you please confirm this once. If that is the case and the PO is wrong in asking the SC for claiming the maturity amount by my mother can you please let me know the course of action we can take on the postal department?


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