You cannot apply for survival member certificate without mentioning names of 2 children
2) you need the affidavit and ID cards of the 2 children
3) file suit for partition for division of properties by metes and bounds
Family members refusing to cooperate
Hello Sir/Madam, There is a family with 9 children(all Majors) and father. Mother has passed away without leaving a Will(Intestate). The children have applied for "Death Certificate" and are preparing to apply for "Survival Member Certificate" for all the family members surviving. The mother has left behind a house and empty lands as her estate. The problem here is that 2 children of the 9 children are not accepting to give an Affidavit and their details and ID cards to apply for the "Survival Member Certificate" for their own selfish reasons. The 2 children along with 3 other children and father are living in the same house that the mother has left behind. The 3 other children and father living in the same house do not want to live with the 2 children as their behavior towards them is very bad and torturous like drinking and abusing single ladies(Sisters) and old aged father. The other 4 children are living separately and 3 of them are married. The question here is that can the rest of the family (8 members) apply for "Survival Member Certificate": Scenario 1: without mentioning the names of the 2 children or Scenario 2: mention their names but without the Affidavit and ID cards of the 2 children. Please kindly provide your valuable advice on how to resolve this problem in this situation. Thank you. Kind Regards.
Asked 2 months ago in Property Law
Religion: Hindu
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6 Answers
An application seeking survival members certificate should contain the particulars of all the surviving members of the family.
Leaving anyone behind will render it as invalid.
If someone is not cooperating then you can file a suit for declaration to declare the legal heirs by an order of court by adding the reluctant members as defendants to the suit and after obtaining it,you can proceed with further course of legal action as necessary.
Let the rest of the eight family members apply for "Survival Member Certificate" mention their names but without the Affidavit and ID cards of the two children.
Dear Client,
In such a scenario, all the children and the father would be legal heirs to her property under the Hindu Succession Act, 1956.
1. Omission of the 2 children: You would not be eligible to apply for a "Survival Member Certificate" unless you mention all of the legal heirs, which include the uncooperative 2.
2. Naming them without affidavits: You can name them and apply with the explanation of their lack of co-operation. However, the authority may go ahead on the basis of the affidavits of other heirs. Alternatively, you may approach a court of law or for succession certificate as the issue of non-co-operation can be attended to by the court.
Thank you.Hope this answers your query.
You have to give information about all legal heirs seeking said certificate application
- As per law, after the demise of mother intestate, her property would be devolved upon all his legal heirs equally.
- The following documents are required for getting the legal heir /Survival Certificate.
- Signed application form
- Identity and address proof of the applicant. ( Voter ID/ Aadhar Card/Driving Licence/Passport or any other government-issued identity card)
- Address proof of the deceased. (Any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the deceased)
- Death certificate of the deceased. (Original to be produced)
- Date of birth proof of all legal heirs. (Birth certificate, School Transfer/Leaving Certificate, PAN Card, Passport, etc.)
- A self-undertaking affidavit on ₹20 non-judicial stamp paper of the applicant.
- Hence, if you are applying for the said certificate then file your affidavit and others affidavits are not mandatory, if other given documents are in your possession.
- Further, if they are not ready to give their details , then you can file a partition suit before the Court.
