Can we apply for a survival member certificate without uncooperative siblings?

I am seeking guidance regarding the application for a "Survival Member Certificate" for a family consisting of nine adult children and their father, following the mother’s passing without a will (intestate). The children have obtained a death certificate and are now preparing to apply for the survival member certificate for all surviving family members. However, two of the nine children are unwilling to provide their affidavits or identification cards for the application due to personal reasons. The remaining three children and their father, who live together in the family home left by the deceased mother, prefer not to associate with the two siblings, who have displayed disruptive behaviour, including drinking and verbally abusing the sisters and their elderly father. Given this situation, I would like to know if the other family members can proceed with the application for the survival member certificate in two scenarios: first, without mentioning the names of the two uncooperative children, and second, by including their names but without their affidavits or identification cards.

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 14 Nov 2024

The rest of the members in the family are allowed to file an "Survival Member Certificate" application under any of the following two conditions. Firstly, they can file it without including the names of the two unwilling children; at this juncture, there may be some vagueness when checking and establishing whether the application is completed or not. Second, they might even write down names for all of their siblings but still lodge the application without affidavits or identification cards from two unwilling siblings. In this case, the authorities may request further procedures to confirm they are lawful heirs, and things might drag along for quite a while. Still, it always pays to seek professional advice from local attorneys who will have more details on how best to proceed.

Admin
Advocate By LEAD INDIA Answered: 14 Nov 2024

Sir, the survival member certificate is issued by State Revenue Department and it is advised to consult an expert lawyer who will assist you to understand the specific laws and procedures. For further legal assistance contact us on our helpline number.

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