Succession Certificate

Nidhi, sorry for the accident. Well, now you need a succession certificate from the court. You can apply to the court where the property lies. Regarding your brother in law, he is not the legal heir. But he will get his wife's share in the property. For that he needs succession certificate.

Requirement of succession certificate depends on nature of property you have inherited and several other factors. viz. for recovery of movable property from banks or other institutions you may be asked to produce it and for mutation in revenue records you may not be asked to produce the same.

Your brother in law is not a legal heir of your parents.

Succession certificate would be required in case of Debts & securities.  If there are immovable properties a letter of Administration would be required to be obtained. One who obtain Succession Certificate or letter of Administration would be required to administer the property in accordance with the law of intestate succession in this particular case.  Obtaining the Succession certificate or Letter of administration would not establish the right of the parties.

Thanks for your reply. However my brother in law is not willing to share death certificate of my sister. Do I need the Death certificate (Sister) to apply for Succession Certificate?

Legal heirs reign over the movable and immovable properties for whicxh legal heirship certificate need to be produced.For obtaining legal heirship certificate,the competent revenue authority  to be contacted with evidences.Your sisters' death certrificate is not necessary,but her name would find place in the legal heir certificate .

Your brother in law may be applying in respect of your sisters property if any and may not be applying in respect of your parents.  In any case when he applies court will ask him to issue notice to all legal heirs in which case he cannot obtain the certificate keeping you in the dark unless he misrepresents before the court there are not legal heirs in which case he would be comitting an offence.

 What are you talking about death certificate? It is a public document and anybody can obtain a copy from the municipal office after paying the prescribed fee.

Whatever be the purpose, obtain the succession certificate. Go to a lawyer and complete the formality. Let your brother-in-law do his part. Don't worry. 

Succession certificate will take considerable time, effort and money to come by. But, law is law and you have to comply with it. After you get it, approach the appropriate authorities, LIC, bank, land revenue record office, your father's office for provident fund/gratuity etc.

 One more thing. If you sleep over the matter, your brother-in-law may grab your share also! Remember how Jesus was betrayed.

Suppose there is a will of my mother which states equal chunks for her two daughters. Since my father / mother and my only sister died in the tragedy then on basis of my sister’s name being in the will, can my brother in law claim my parent’s property?

 Let us first talk about your father's Will. The question of your mother's will comes after she inherits the property. You are putting the cart before the horse.

Let us not beat about the bush. The basic question is: your father did not write a will. Therefore, the only remedy is to obtain succession certificate which can be done by legal heirs whoever they might be.

Nidhi, Anil ji is right. And even if  we assume the existance of your mom's will, your brother in law can surely claim proerty which has been assigned to his wife by your mom.

Mother can write a will only in respect of her self acquired property.  In respect of property inherited by her from father the will would be invalid.

I Agree with Anil Sir.

I go with the opinion of Agrawala.