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securities are held, says Nerlekar. The claimant should also submit to the concerned DP an application in
transmission request form (TRF) along with a notarised copy of the death certificate, in case of the death of the sole
holder where the sole holder has appointed a nominee, he adds. Again, a problem will arise when the sole holder has
not appointed a nominee. What would you do in such a case? In such a case, you will need a notarised copy of the
death certificate of the holder and any one of the following certificates: succession certificate: a certified copy of the
will and the probate (if there is any), a certified copy of the letter of administration (if value of holding is less than . 1
lakh), says Nerlekar.
MINOR CHILDS RIGHTS
Imagine a situation where the parent of a child has died suddenly without leaving a will. What can a minor child do in
such a case? A minor child needs to file a case in any court or petition through a guardian under the law or a
guardian appointed by the court, says Gupta. Although minors have the legal capacity to own property, they do not
have legal capacity to manage it, says Nerlekar. Since minors are legally incapable of handling property, a guardian
is appointed from among their relatives to manage the property. Should no one step forward to be a guardian (under
the supervision of Court) on account of the fiduciary nature of the responsibility, the court may appoint a guardian and
house the share of the minor with such a guardian, adds Sivaramakrishanan. The court also ensures that minors are
adequately protected. If your children inherit a share of your house, your spouse will not be able to sell it, rent it out,
or even refinance the mortgage without a court order. Getting court orders could be expensive and time-consuming,
says Nerlekar. And when it comes to investing these assets, the court takes adequate steps to protect them as well.
The court may pass additional orders to protect the interests of minors as to how the assets falling to the hands of
minor are to be invested till the minor attains the majority, informs Gupta.
MUTUAL AGREEMENTS
The real problem arises when there are too many people vying for the same property. This is quite a possibility when
the deceased has children, spouse as well as kin. Nerlekar says, All the heirs may not live in the same state, or they
may not be able to agree on what should be done with the property. The more heirs you have, the more money and
effort they will have to spend trying to get organised. In such a situation, relatives should opt for a mutual agreement,
feel experts. If the specific relatives of the deceased have come to a mutual agreement as regards dividing the
assets/properties of the deceased, then they may document, sign and witness and file the same to the succession
court along with their application. This mutual agreement must be comprehensive and deal with all known relatives
and kindred of the deceased. It cannot be prejudicial to any of the relatives/ kindred. This will greatly speed up the
process of issuance of a succession certificate, says Sivaramakrishnan. But make sure you record your agreement.
Gupta adds, Any such settlement is to be recorded either by way of partition deed duly registered with the sub
registrar of assurances or a decree passed by the court or a settlement before the court in a judicial proceeding.
However, a mutual agreement is not conclusive. A mutual agreement by itself is not sufficient. You need to get a
succession certificate as well, says Sivaramakrishanan.
Even though the problem has a solution, most experts are of the view that it is best to keep a will in place so that your
family is saved from the hassles of getting things in order.
sakina.babwani@timesgroup.com