Succession certificate from court
My father was an employee at a Government of India organisation in Kanpur and passed away in the January 2015 due to medical issues. To claim the funds and gratuity I filed a claim with the organisation however they denied it saying that there is someone else who has made a similar claim and only a succession certificate will make me eligible to get the funds. I am the only son and legal heir of my parents and my mother is no more. The organisation has also denied to share the actual amount that I can claim in the funds and there is no record anywhere else. I have tried the RTI route too but it didn't show any results. I have filed for succession and it has been over one and half year that it has been pending. Now the court is asking for the actual amount but the organisation isn't disclosing it. The case is pending at this juncture. Please help me on how do I break out of this situation and get the succession certificate asap.
If you say that the case is pending in the court – then try and get to know the actual reason behind such a delay. Because usually, it takes a rough time estimate of around 7-8 months – in the issuance of a succession certificate.
When you say, “The case is pending at this juncture” – you never specified as to what juncture. Consult your advocate and appear before the court, on the next date of hearing – to be able to know as to at what stage exactly is the case in. We are suggesting so because there are certain things which need to be fulfilled mandatorily in order to continue with the legal procedure of issuance of certificate. These are – (i) proper court fees to be paid in the form of judicial stamps as per the desired valuation. (ii) publishing notice in the local newspaper and inviting objections if any, from the public in general.
Also, there is no shortcut available to fasten the judicial procedure. At best what you can do is to file an application of “Urgent Hearing” stating the urgency of matter in issue following with the reason to do so. But this can be done after understanding the nature of the delay.
Issue a notice to the Department to disclose actual amount due for the purpose of producing the same before the Court. If they don't reply produce copy of such notice and aknowledgment in court and get Succession Certificate or else get a direction to lower court from High Court.
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