• Legal heir succession certificate

I have to claim PF & other benefits of my sister who was divorced & was living with me. she was doing job as lecturer in punjab govt school. She has nominated me for her PF  & other things. School authorities asked for legal heir certificate for claiming gratuity & leave encashment. She was not having any issue & our parents are not alive also. I applied for legal heir in District Commissioner office but they refused saying that according to civil service rules 16.6b I am not entitled to claim funds. Some people suggested me to approach jurisdiction court to obtain succession certificate for this Kindly give your advice on this
Asked 2 years ago in Family Law from Hoshiarpur, Punjab
Religion: Hindu
If you prove that she has no close relatives and father and mother and issues you will become her legal heir under class2. If they don't give you file a writ in the high court seeking direction for the same and to give necessary direction to the thalisdhar.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Each member has to make a nomination to receive the amount standing to his credit in the fund in the event of his death. If he has a family, he has to nominate one or more person belonging to his family and none other. Nominee is just a trustee who has to disburse the amount as per the rules of succession. The object of nomination is to make the process of disbursement of funds easy on the demise of the nominator. Nomination does not overrule succession. So merely on account of nomination made by your sister you are not entitled to withdraw PF and other funds of your sister. Do you have any other sibling? If yes, the amount standing to your sister's credit will be disbursed equally to you and him/her notwithstanding your nomination by your deceased sister. 

2.  You need a succession certificate granted by a competent court of law to withdraw her PF, gratuity and other funds. Succession certificate would be issued by the district court. You should engage a local lawyer to apply for succession certificate. It would roughly take around 8-10 months to obtain the succession certificate from the court.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Dear Querist
if your sister has died then you can claim otherwise not.
you should filed a succession petition before District court and after that you may get the amount.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Dear client,

1.if ur sister is dead then first take her death certificate asap from municipal authority.

2.then u will have to file petition in district court to get succession certificate from court.

3.then submit that succession certificate to the concerned school authorities to get PF, gratuity and other benefits of ur sister.

4.for getting succession certificate from court take help of local lawyer.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. It appears from your query that she is still living.
2. if that is so you can claim the benefit only on behalf of your sister , not for yourself and that is possible only if you are authorised by POA.
3. In the vene she has died then you being the class-II heir can lay your claim only if she has died issueless and the competent court has granted succession certificate in your name.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) nominee is trustee for all legal heirs .  your sister may have nominated you to receive her PF and other dues but in case you have other siblings they also would have equal share in  said benefits . 

2)you have to make application to district court for issue of succession certificate . 

3) it takes around 6 months to obtain succession certificate . 

4) only on receipt of succession certificate would you be entitled to receive the benefits 

5) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
Apply to district court for succession certificate only thereafter you will be entitled to receive the amount. Nominee is an agent/trustee but not sole beneficiary.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
You clearly fall in her legal heir under class2 and if there are other claimants, they too have similar right on her savings. However, if you are the only one, you may get Succession Certificate from Tahseeldar which may take a couple of weeks and the submit the same to the authority. In situation the commissioner does not accept this as a valid document, you may file writ petition to the HC.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
You did not mention your sister is alive or not,if she is died then you can file a Case along with her death certificate and accounts details in District Court or District Delegate Court for obtaining Succession certificate.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. It is presumed that she is no more,

2. You have been appointed as a nominee of her PF fumd which means that you  are just a trustee of her said PF and other funds and not successor,

3. For claiming moveable properties, you are required to submit succession certificate and not legal heir certificate,

4. You shall have to apply for the said succession certificate before the District Court and it may take  6 to 10 months to get the same,

5. Once you get the succession certificate, you can claim all her moveable properties by filing application attaching the said succession certificate.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
you have to apply for succession certificate under 272 hindu succession act. after certificate you will get all benefits of your sister
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
you file petition for SC in court asap. do not afraid of district attorney . court will decide case as per law.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. The District Attorney (DA) rightly opined that the funds lying in your deceased sister's account cannot be released unless a succession certificate is granted to you. Your only legal remedy is to apply for succession certificate in the district court.

2. District Attorney will not oppose the grant of succession certificate to you.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
File a civil case before district court for succession certificate, the court will decide and District attorney or govt can not opposed, the only other legal heirs of the deceased may raise objection.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1)  you have been advised by local lawyer to apply for succession certificate to claim PF and other benefits . 

2) make an application for issue of succession certificate . you will get the same in 6 months time 

3) district attorney wont oppose issue of succession certificate
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
You can get an affidavit attested by notary that you are the only surviving nearest legal heir to her and apply if still they don't give you file a writ for the same seeking direction for the same
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Legal heir certificate is required in case of immoveable properties of the deceased,

2. Succession certificate is require for claiming moveable properties of the deceased,

3. If you are declared a successor by the Court, you will get those moveable properties,

4. Apply for the same at the earliest.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
as adviced earlier approach distt. court for succession certificate you  will get your sister amount
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

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