• Name correction in already issued succession certificate

After my father death, we have applied for succession certificate for his EPF fund and it was issued as well from civil court. There were 4 legal heirs (my mother, we 2 brother, my father's mother), while applying we had specified advocate to entitle only mother to receive all the fund. But when we get certificate, it represented we all four as heir and to get appropriation share. 

The legal heir had 2 spelling mistakes in names and those got into succession certificate as well. Now we are facing issues from company finance dept to get the EPF fund. As they are not accepting notary affidavit for those name mistakes.

So can I ask for name correction in succession certificate, along with corrected legal heir document. Please suggest and help.
Asked 1 year ago in Civil Law from Rourkela, Odisha
1) you will have to make application to court for correction of minor errors in the names of the legal heirs 

2)There is no doubt that, where the defect is a minor one, for example, in the name of the person whose estate is in question, and the petitioner takes up the correct position by putting in another petition, an order may be made--small error like this may be corrected--Sukumar Deb v. Parbati Bala .

3) passage in Tristraw and Coot's Probate Practice, Edn. 19, p. 327. The passage is this:

"Alteration in a grant has been allowed where the error was in the surname, Christian name, address, status, date of death or place of death of the deceased."

That passage indicates what errors the Court can amend in a succession certificate.
Ajay Sethi
Advocate, Mumbai
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it is doubtful that court will allow amendments for issue of succession certificate in only your mother name particularly so when in your original petition succession certificate was sought in name of 4 legal heirs 
Ajay Sethi
Advocate, Mumbai
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Hi sir/madam, you have to file I.A for rectification of the succession certificate for correction of spelling mistake in the names of legal heirs u/s 152 of code of civil procedure. The Hon'ble court may be pleased to rectify the same and issue the correction succession certificate. Regarding authorization only one legal heir can get the benefit, yes it will be possible, but your case is already decided. But one thing is there, you have to make release deed for release yours rights over the said EPF amount and to used to your mother. That release deed submit before the appropriate authority alongwith correction succession certificate, they will release the said EPF amount to your mother. This is the way to get and solve the problem in permanently.
C. V. Jadhav
Advocate, Bangalore
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The name correction in the succession certificate issued by court can be rectified only by court passing the order.  The succession certificate cannot be issue on one individual's name when there are other successors in interest. 
But all other successors can authorise one person to receive the money on their behalf by executing a NOC by others in favor of one among them. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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1. Legal heir certificate will,be issued mentioning the names of all he legal heirs,

2. if you want to give your share to your mother, you either register a gift deed or  relinquishment deed,

3. File an application for rectifying your names mentioned in the Succession crtificate,

4.After you get your share of the EPF amount based on the corrected succession certificate you can transfer all your share to your mother if you so wish.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. There is no scope in the Succession Certificate to authorise only one person when there are several successors,

2. After colleting the Succession Certificate, you can execute and register a relinquishment deed relinquishing your share of the properties of your deceased father in favour of your mother.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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1. The Succession Certificate could not have been issued in favour of one heir alone if all the heirs applied for it. After the certificate was issued you along with your siblings and grandmother were at liberty to execute a relinquishment deed in favour of your mother to pave the way for release of all funds to her.

2. You have to now apply for amendment of the Succession Certificate to the court. However, if the legal heir certificate was used to apply for SC the rectification has to be first carried out in the legal heir certificate.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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