Objection for issue of Succession Certificate & Filing of suit w.r.t recovering amt from nominee
After death of my father, my mother & sister deliberately took part possession of my rooms on ground floor. All investments in LIC, Post office, Banks, gold etc of my father is encashed by both of them. Started abuse and mental torture for signing of various documents related with property as well as the amount kept in SBI PPF account without any nominations. They did not show me any documents w.r.t investments kept by my father since all the documents are in custody of my mother and sister. Succession certifiacte applied for PPF account without nomination.
Actions initiated:
General Diaries made at local Police Station
RTI filed at various Banks, LIC, Govt org where my father was last employed and received complete replies except Department of Posts.
Letter given to Commissioner of police regarding threat to me and my family with copies marked to other higher officials of Police. I have copies of speed post as well as all tracking of speed posts.
Filed Case under 144 (2) in local district court.
Police sent investigating officer and I also hander over complaint letter against my mother and sister.
Prayer for relief:
Due to reasons cited above I do not want Court to grant Succession Certificate to my mother. Pertinent to mention here that my mother & my sister are one the same side. But surprisingly, my mother applied for Succession Certificate on her own making my sister & myself as opponent parties.
All amounts w.r.t my fathers investments are encashed by my mother and sister. I want to file a case to recover the amounts from nominees.
Kindly suggest the following
1) Whether case of Succession has to be filed at the place of the death which is at Shimla Muncipality OR at the place where the asset is lying . OR is it ok to file a case at the District Court where the deceased ordinarily last resided.
2) Looking at the merit in this case whether NOC from my side is required for granting Succession Certificate OR court will grant Succession only on the part of my mother and sister.
3) Whether Court fees w.rt Succession amount has to be paid at the time of filing the ca
Asked 5 years ago in Property Law
Religion: Hindu
Sir,
You havent gone through the entire part. Succession is now apllied for an amt lying in PPF account in SBI by my mother- as first party making me and my sister as opponent parties. Pertinent to mention here that my mother and sister are one the same side. Now I want to object and contest for not granting the succession certificate for reasons as cited in my original question. How advantageous will my mothers partr be if an opponent i.e my sister gives her consent and I object the same. Is NOC from all legal heirs is req for grant of Succession Certificate OR court can simply give suceesion on their parts.
Asked 5 years ago
Ajay Sethi Sir,
Whether court fees has to be paid upfront while filling for Succession Certificate OR at the time when court grants Succession Certificate. If anyone has no money to pay upfront court fees is it possible court will order the financial institution to disburse the amount after payment of court fees. For an amount of 20 Lacs how much court fees has to be paid.If SCert is granted to my mother she will not hand it over to me, since only one Scert is issued. In that case what are my rights.
Asked 5 years ago
