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Issuance of Succession Certificate
Question
My father passed away last month and following his death. My mother took possession of my room as well as all his investments in the Bank, LIC, Post and gold etc of my father deliberately. In spite of being the only child, I was not shown any documents and they are in the sole custody of my mother. Even the succession certificate is applied for PPF without nomination. The amounts w.r.t my father’s investments have already been encashed by my mother. I want to file a case to recover the amounts from her. Kindly suggest me how to proceed.
Answer ( 1 )
Since your father has died intestate then in that case you being the class I heir along with your mother, would get equal share and the succession certificate will be issued in the name of all the Class I heirs. if you want a share in the property, a suit would be required to be filed claiming the share from the mother. your mother must have applied for a succession certificate by showing that she is the only legal heir. hence you will have to file an application challenging such issuance of succession certificate.