• Succession certificate query

My father was government servant, he died in April 2015 and my mother should get pension but the government officers told us to get succession certificate from court to get pension so we meet a lawyer and started the process in court, court told us to post notice in two different newspaper that "My mother will get pension of my late father and anyone has any problem with it must immediately inform the court in 30 days" and no one stand against. After all process over we were about to get succession certificate and now our lawyer is saying that we have to pay court fee of calculating the pension of coming 30 years from now and paying some percent of it to the court and we are so stressed what we must do please help us and if we have to pay court fee how much we have to pay and monthly pension is less than Rs.8000/- and we live in Maharashtra and lawyer took Rs-18000 as his fees from us.
Asked 6 months ago in Property Law from Nashik, Maharashtra
Religion: Hindu
The court fees for a succession certificate calculated under the Indian Succession Act is zero for an asset valued less than Rs1000. For an asset valued between Rs 1,001 and Rs 50, 000, it is 2 per cent, for Rs 50,001 to Rs 2lakh it is 4 per cent, between 2lakh and Rs3 lakh it is 6 per cent and above Rs3 lakh it stands at 7.5 per cent with a maximum ceiling of Rs 75,000.
Ajay Sethi
Advocate, Mumbai
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court fees department of court  can guide you as to the exact mode of calculation of court fees for pension amount 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
First of all the government department, if there was no rival claim i.e., if your father no other wife other than your mother surviving his death, cannot ask for succession certificate especially for grant of pension. It will be family pension and she being a legally wedded wife should get it automatically.
I think you have not given complete details of your case.
Instead of succession certificate your mother can get legal heir ship certificate from Tahsildar's office or revenue department.
Since your advocate is not handling the case as per proper procedures, you may even change the advocate.
Actually for obtaining family pension, proof of legally wedded wife shall be sufficient and production of succession certificate has not been mandated in law.
There is something wrong in this hence you may clarify on this.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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If the pension is Rs.8000 per month then does court will calculate the fee from pension of upcoming years or they will just calculate 2 per cent of Rs.8000 ?

There is no question of calculation of pension for so many years and to pay the court fee in proportion to it. 
Your advocate has not guided properly on this issue.
In fact for pension, the pension rules do not ask for succession certificate, the department will grant family pension to the eligible persons only and not to all the successors of the deceased hence there is no such thing called calculating pension for so many years to calculate court fee etc. 
Better change the lawyer immediately and consult a knowledgeable lawyer.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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 For receiving Family Pension by husband or wife, no succession certificate is required. Identity proof of wife which proves her relationship with the deceased is enough. Now that the petition for succession certificate has been filed the court fee has to be paid. The court fee will be computed on the basis of pension from the date on which it is awarded.  
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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