• Succession certificate

My wife was govt employee deceased in feb 2007 leaving husband (myself)  and a 4 months Son. She took House building advance from office where she works also i am  working in the same office.
My inlaws asked information of her account receivable and payables to office under RTI. Office declared the matter disputed and asked me and my inlaws to bring the sucession certificate after that my inlaws produced the WILL in front of office which was not at all in existence also there are many mistake in the will such as house details are not written correctly her address is not written completely where she resides while making will. Is the office stand legal to ask for succession cert and held up the matter?  all the due receivables and payables PF, death grautity, house loan payment are held up till date?

House was nominated to me and society and grampanchayat did all the trasfer procedure to my name i have submitted all the transfer documents to the office and requested to free the house since it was nominated to me by form "K" which relates to nominatyion in co hou societies and shown my interest to pay up the dues outstanding  on house  but still things are pending house is in my possession interest burden is increasing office calling my inlaws but they are not coming.

i feel my son and myself are the legal heir? can you please write what would be the judgement regarding succession certificate? my in-laws have submitted the will in court too.

what is the rules for Providend fund? my office says there is no nomination in pf account?
my in-laws received the amount of my wifes LIC policies around 7 lakh policies was taken before marriage and they were nominee in that. i am aware that nominee is only liable to receive fund but he has to give it to legal heirs. but they are not giving. what is the time period to claim the amount from them it is now complete 7 years. Can my son claim the amount after he becomes major?
Asked 2 years ago in Property Law from Ahmedabad, Gujarat
1) office is justified in asking for succession certificate . if will is produced probate is necessary as far as house is concerned nominee is only a trustee for all legal heirs . on your wife death  . her mother you and your child have 1/3rs share in house . 

2) if in laws have produced will and notice served upon you then you have to oppose grant of probate as will is forged and fabricated . 

3)  if no nomination is made in pf account then you would need succession certificate to get provident fund dues 

4)Section 39 of the Insurance Act says the appointed nominee will be paid, though he may not be the legal heir. The nominee, in turn, is supposed to hold the proceeds in trust and the legal heir can claim the money.in your case you and your child have claim on said proceeds  received by your in laws  . you should file claim within period of 3 years .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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Approach a competent lawyer to dispute the Will. you and your son can claim your due share in all properties left behind by your wife. Take necessary steps without delay. You can approach the court as natural guardian of your son for claiming insurance amount.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
4.7 on 5.0
the nominee is only the custodian of the corpus. as such, the office is justified in asking the necessary documents. however, if you suspect the genuineness of the will, you can challenge the same.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
1. The will may well be a forged one. If you suspect it to be forged then you need to challenge the authenticity of the will in a court of law. Accordingly you can oppose the grant of probate to the will.

2. You will need a succession certificate to realise the amount in her PF account as you are the nominee thereof. The office has rightly asked you to produce the succession certificate. No one can predict beforehand what will be the judgment of the court. 

3. If a will was made then the property (movable as well as immovable) will vest in terms of the will. On the contrary, if the will is not made then you, your children and your mother-in-law will get her property.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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