• Family tree / genealogy lineage in case of 2 wives

Sir,
My name is SU2.
My father's BNR was a native of AP, he got a job in Karnataka and worked there.
My father had 2 wives, GG the 1st wife & GM the 2nd wife. GG thw elder & GM the younger were sisters. GG is my mother.
GM conceived and begat a son my elder brother SA1 in 1971.
Later GG my mother conceived and begat myself SU2 in 1975.
All of us lived together in Karnataka.
My father died during 2007 in AP.
My mother's sister died during 2011 in Karnataka.
My mother died during august 2018 in Karnataka.
My mother GG had appointed her sister GM as her nominee for savings bank account.
how can I claim the monies in the account of my mother GM.
How do I apply for family tree, legal heir, Succession, surviving family member certificate.
In the family tree, is it possible to accommodate all the members in one family certificate.
Please give your valuable legal opinion & suggest.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

You can claim money from your mothersm account only if she had not left anything in writtwr for transferring the money to your 2nd mother. 

Yes it is possible to accomodate all in one family tree I think you can apply for family tree certificate 

U can locate apnacsconline.in  for common service centre for taking the form and submitting it with required documents 

Or apply online nadakacheri.karnataka.gov.in

Required Documents are 

Birth certificate

Adahar Card

PAN 

Ration Card

Electricity Bill or telephone bill

Passport size photo 3

Bond paper as per profarma attested by Gazetted

Officer

Completed Application Form

You need to carry requisite fees.

 

For any query visit the above given websites. 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

Sir you have to apply for the succession certificate in the court by obtaining death certificate of the mother, the nominee is just care taker of account on behalf of the legal heirs you shall have equal share in the property. 

Yes all the members are in one family tree certificate only though for account you need a succession certificate. FUrther bank can also release amount to Nominee on NOC of legal heirs and if also they can ask for indeminity bond.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you have to apply and obtain succession certificate from district court in name of legal heirs 

 

2)enclose mother death certicate 

 

3) notice would be issued to legal heirs 

 

4) you would get succession certificate in 6 months 

 

5) legal heir certificate would not serve the purpose 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) You can mentioned your name as legal heirs  name in the sucession certificate and legal heirs certificate  and your mother side family tree and not your step brother name i.e.SA. you can show only your  father, mother and your step mother name as nominee and all are not alive show their death certificates and you are the alone legal heirs of your mother's property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

 

Dear Sir,

Yes, it is possible to accommodate all the members in one family certificate. You may adopt any of the following two methods depending upon your convenience and requirement:

FAMILY GENEALOGY FAMILY TREE IN KARNATAKA/

(SUCCESSION CERTIFICATE MAY ALSO BE OBTAINED UNDER SECTION 372 OF SUCCESSION ACT)

 

http://www.nadakacheri.karnataka.gov.in/

 

Please go online and apply for this application.

The link is under "Nadakacheri" website. 

1- It will only cost you 15 Rupee Per Application.

2 - Ex : Lets say "dad" has passed away, and mom is applying for family tree certificate, you need to include mom's name and sibling's name while applying .
3 - You need to get the estamp paper number before you apply.
You can contact the Notary or Some typing location near notary, they will help you with the contents.The affidavits need signature from Mom and siblings.

4 - On the portal , you will find the documents to submit .

Voter card , Aadhaar card, Death Certificate, Pan Card, Rationcard documents should be enough for you to get this . You need to upload your mom's documents.

5 - On nadakacheri website, you will get attestation for the family tree. The attestation is done by the revenue officer.
6 - As all government departments work, you might have to pay something extra. 

7 - You might get the documents in a weeks time.

Food Office

45, Dharmaraya Swamy Temple Rd, Halsurpete, Nagarathpete, Bengaluru, Karnataka -2, India

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Process for getting succession certificate simplified in case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person.

It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance ofdebts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.

Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located.

Details: The application requires details like
– name of petitioner
– relationship with deceased
– names of all heirs of the deceased
– time, date and place of death

Also a copy of the death certificate is required to be produced.

Fees: A fixed percentage of the value of the estate is levied as fee for issuance of the certificate by the court. This fee is to be paid in the form of judicial stamp papers of the said amount. Only after this a the certificate is issued. Also, the lawyer will also charging their fees.

Process: The notice in the newspapers for a given period (generally 45 days) is issued by the court. In case where no one contests the petition on or before the expiry of given period, the court sanctions the order for issuance of succession certificate.

If the petition is not contested, the court usually issues a succession certificate in five to seven months.

Looking at the process, it is always better to write a will or appoint a nominee in all your financial accounts like stocks, saving accounts, fixed deposits or mutual funds etc. The nomination may also be filed with yourproperties ownership.

Section 372 in The Indian Succession Act, 1925

372 Application for certificate. —

(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and

(f) the debts and securities in respect of which the certificate is applied for.

(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).

56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Client,

Apply for legal heir certificate at tehsildaar office.

Still bank not agree to allow you operate account than succession suit in court.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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