relinquish right in succession certificate
2 months ago
A hose in name of my father & mother has been taken away by govt. Now govt. want to pay compensation for the house. My father mother is no more. Myself & my three sisters are legal heirs of my parent. My sisters wish to give me their portion of compensation to be awarded by govt. Govt is asking succession certificate. I hv filed a case for filing succession certificate in district court making my three sister as opposite party. Summon has been issued to my sisters', who live in other states of india. Can my sister sign affidavit in their city of residence to relinquish their right over the compensation in my Favour & sent it to court where I hv filed case for obtaining succession certificate. Will it be acceptable in court.
A.Dear Client,
Until a court order is issued in a succession case, officially declaring the names of successors and specifying their respective shares in the intestate property of the deceased owner, a successor or legal heir does not have the entitlement to relinquish their right to the said property in favor of other successors or co-owners. Consequently, if your sister receives a summons from the court, she should personally appear on the specified date for the hearing.
An affidavit relinquishing the right to compensation is not admissible or permissible under the law. The government disburses compensation for the acquisition of property to the successors or legal heirs of the deceased owner based on the court's order in the succession case. Until the legal process is completed and the court issues a clear declaration of successors and their respective shares, any attempt to relinquish rights through an affidavit may not be recognized or valid.
Until a court order is issued in a succession case, officially declaring the names of successors and specifying their respective shares in the intestate property of the deceased owner, a successor or legal heir does not have the entitlement to relinquish their right to the said property in favor of other successors or co-owners. Consequently, if your sister receives a summons from the court, she should personally appear on the specified date for the hearing.
An affidavit relinquishing the right to compensation is not admissible or permissible under the law. The government disburses compensation for the acquisition of property to the successors or legal heirs of the deceased owner based on the court's order in the succession case. Until the legal process is completed and the court issues a clear declaration of successors and their respective shares, any attempt to relinquish rights through an affidavit may not be recognized or valid.
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A.Dear Sir,
Please consult your advocate as per the procedure followed it may be worked out. Normally, you may get appoint one advocate on behalf of your sister/s and ask that advocate to file no objection to issue succession certificate in your favour.
Please consult your advocate as per the procedure followed it may be worked out. Normally, you may get appoint one advocate on behalf of your sister/s and ask that advocate to file no objection to issue succession certificate in your favour.
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A.Dear Client,
Until and unless an order is passed in a succession case by the Court declaring the name of successors and their share in the intestate property of the deceased owners, a successor or legal heir of the deceased owner is not entitled to relinquish his or her right to said property to other successors/co-owners of the property. So, on receipt of the summon from the Court, your sister should appear in person before the Court on the date fixed for the hearing. An affidavit relinquishing the right to compensation is neither admissible nor permissible under law. Govt. would disburse the compensation against the acquisition of property to the successors or legal heirs of the deceased owner based on the order passed by the Court in the succession case.
Until and unless an order is passed in a succession case by the Court declaring the name of successors and their share in the intestate property of the deceased owners, a successor or legal heir of the deceased owner is not entitled to relinquish his or her right to said property to other successors/co-owners of the property. So, on receipt of the summon from the Court, your sister should appear in person before the Court on the date fixed for the hearing. An affidavit relinquishing the right to compensation is neither admissible nor permissible under law. Govt. would disburse the compensation against the acquisition of property to the successors or legal heirs of the deceased owner based on the order passed by the Court in the succession case.
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