Kshiteej Anokar (Advocate) 22 August 2011
Dear Friend,
My clients husband nominated his wife to the Fixed Deposit to the Co-op Society , unfortunately he is no more, the society is asking for the succession certificate, which will take long time, whether it is incumbunt on the Co-op Society to handover the amount to the nominee and if so under which provision of Maharashtra Co-op society Act please inform, Thanks in Advance
G. ARAVINTHAN (Legal Consultant / Solicitor) 22 August 2011
Let the legal heirs give a consent in court for grant of succession certificate to Wife. will over in a month or two
Kshiteej Anokar (Advocate) 24 August 2011
Dear Aravinthan , unfortunately the legal heirs creating impediment in that, but recently i found the judgment of National Commision that in case of nomination succession certificate is not necessary
G. ARAVINTHAN (Legal Consultant / Solicitor) 24 August 2011
In my view, all the legal heirs are having equal right. so they need certificate. If you dont mind, send me the parties name in the citation you referrinjg, i'll go through that
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Dear Ksh*teej,
In view of the existence of a valid nomination there is no need for succession certificate. The action of the society is wrong to ask for the succession certificate. If some hiers have raised any objection, the society is not obliged to entertain that in the absence of specific order of a competent court..
Originally posted by :Ksh*teej Anokar |
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Dear Friend, My clients husband nominated his wife to the Fixed Deposit to the Co-op Society , unfortunately he is no more, the society is asking for the succession certificate, which will take long time, whether it is incumbunt on the Co-op Society to handover the amount to the nominee and if so under which provision of Maharashtra Co-op society Act please inform, Thanks in Advance |
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Dear Arvinthan,
No doubt the legal have the equal rights, but the society is not obliged to act as a competent court to decide who is the legal hier and how much share each has the right to take in the presence of a valid nomination on its record.
The legal hiers of course can claim their share only from the duly appointed nominee on production of an appropriate order from a competent court after proving their right.
Originally posted by :Aravinthan S/o Ganesan |
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In my view, all the legal heirs are having equal right. so they need certificate. If you dont mind, send me the parties name in the citation you referrinjg, i'll go through that |
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