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maheswari1 (Service)     08 November 2011

Succession certificate

My father expired without writing a will and now we have ap[lied for succession certificate. We are 4 people for the property which he has left three children and wife. I just want to know if before getting the succession certificate any of the heirs passes away unfortunately then what will happend? Will the grandchildren get the property? Can they sign on behalf of their heir?  And one more thing my father left nomination in all the FD's and bank. One argues that it is common to all but i feel that as he has mentioned nomination it should go to only my mother. Could u please clarify my doubts.
 



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 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 November 2011

If any successor/legal heir dies then legal heirs of deceased person shall be entitled to inherit share of their predecessor in interest up to 1/4 share.

 

Your presumption qua nomination is correct only up to receipt of money but rest of contension is erroneous as nominee is duty bound to disburse the benefits among all legal heirs as per their respective shares.


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