• Succession certificate

Sir,my father was a pension holder in a govt undertaking organisation.post his death,my mother is receiving family pension.there were medical bills since 6 months not paid by the dept and medical bills paid during medical treatment of my father in his last medical admission which has been submitted.now the dept is asking my mother to produce succession certificate to claim the medical expenditure borne on my fathers treatment.however being legal wife she is availing family pension..
Is it right to ask for succession certificate and under which law.
Regards
Manish Narayan
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased.

The certificate is granted by a competent civil court after you file an appropriate petition mentioning the details of legal heirs, property etc. The court will thereafter issue notices to all the legal heirs to attend the proceedings. The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one contests the petition on the expiry of this period, the court passes an order for issuance of succession certificate.The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.

succession certificate and under which law.?

The Indian Succession Act,

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

The succession certificate is required to realise only the liquid assets, whereas the medical reimbursements to be made to your father do not constitute his assets. Your mother should serve a lawyer's notice to the organization to release the amount, and if it does not do so then a writ petition may be filed in the High Court which will be a speedy remedy.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

your mother may be availing family pension but before clearance of expenditure incurred on father treatment govt cna ask your mother to produce succession certificate

2) Formalities like realization of debts and securities, transferring of assets and to inherit debts to realize the debts and securities of the deceased can be completed by legal heirs only after grant of succession certificate. A beneficiary makes an application to a civil court and court may grant the certificate according to Indian Succession Act, if it is satisfied.

Ajay Sethi
Advocate, Mumbai
100031 Answers
8166 Consultations

1. When they accepted her as his wife to let her avail family pension then it is wrong on their part to ask for succession certificate.

2. So taking this plea you can send them written representation.

3. if that does not work then apply for succession certificate.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

if company circular has been issued that you need succession certificate to recover dues of deceased employee it is in your interest to obtain succession certificate

2) it does not take more than 6 months

Ajay Sethi
Advocate, Mumbai
100031 Answers
8166 Consultations

Drawing family pension is different to that of the settlement of medical reimbursement amount.

No doubt obtaining succession certificate is a tedious and cumbersome process, you can seek alternate remedy by submitting indemnity bond

T Kalaiselvan
Advocate, Vellore
90234 Answers
2508 Consultations

The demand for succession certificate by department is legally binding and correct.

All the legal heirs are entitled to a share in that amount.

You can look for alternate remedy.

T Kalaiselvan
Advocate, Vellore
90234 Answers
2508 Consultations

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