Legal Question in Civil Rights Law in India

Succession Certificate

My father had expired last few month ago & my mother who is our (two brother)stepmother. after death she is taking all right of my father as his services compasession amount and LIC claim amount . while we want join govt. job as govt provide after death a employee in his family member. but my mother has been objected and cancelled my rights.while she is unable for job due to she suffuring from major dibites. and she is not have any nominee in my fathers service book.

Kindly sugest what should we do?


Asked on 8/30/08, 4:15 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Succession Certificate

You are entitled to inherit property and rights of your father in accordance with the provisions of Succession Act.

You could be deprived of inheritance only by your father through a Will. Since in this case there does not appear to be any will in favour of your step-mother, all legal heirs should inherit equally.

Even if your mother (step mother) may be nominee with Govt or LIC, she can receive all those monies/benefits on behalf of all the legal heirs and cannot deprive other heirs of their rights.

You may make her understand to settle the matter amicably or take appropriate legal action.

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Answered on 8/30/08, 11:29 am
Seema Bhartiya

Re: Succession Certificate

I had carefully gone into the facts narrated by you in your reference.

To prove your right you sould file a case to get succession certificate issued in concerned district judge. Till then you may pray for interim injunction .

In case you find any difficulty, please don�t hasitate to recommunicate your problem at my email id [email protected] possible assistance will be provided you.

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Answered on 8/30/08, 11:16 pm


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