Legal Question in Real Estate Law in India

Sir:

You are getting impatient. It was important for your father to have done the nomination and you would not have faced this music.

At this stage, what is important is to work under the existing conditions and get the ball rolling. It would be advisable for all the legal heirs, if possible, may write their no objection for grant of all the benefits in favour of one, say your mother. Then, in case of such understanding (to get the benefits at an earliest) who so ever is the selected beneficiary (say mother) will have to give - one - her affidavit stating the name of all the legal heirs of deceased father, second - she will also give her indemnity bond indemnifying the department - thirdly - all other legal heirs (other than beneficiary) will collectively (or seperately) give affidavit of no objection of grant of benefits to one beneficiary. On the basis of these three documents, the department can release the benefits immediately.

Your another option (if there is no understanding amongst all the legal heirs) or if the company still insists for succession certificate - is to apply for succession certificate. It is not a cumbersome process and will take six months (at the most) if there is no objection from any source. The process starts with filling of an application form, easily available from the vendor sitting in any court building. You may fill the application your self or take the help by engaging a lawyer. Please note, that, if you cannot afford a lawyer you may approach the office of Legal Aid in any court and ask for free legal aid. Also, every woman regardless of her income is entitled to free legal aid. Office of legal aid even incurs the incidental expenses on behalf of woman.

After you fill up the application form for succession, file it with the court of Distirct Judge or Administrative Civil Judge - depending upon the state requirement. it will cost a very nominal fee (in delhi it is Rs. 1 and paise 25) on the application. The court has to issue a citation in the public newspaper. After thirty days you may file no objection affidavit of all the legal heirs in the court. Court will record the statements. The court will issue succession certificate on stamp paper. The value of stamp paper is 2.5% of the value of amount of succession. You may include all the values on which you need the succession.

For any other question do not hesitate to write. But, have faith in God and the system and get into action rather than getting frustrated.

Good luck!