Legal Heirs

Mr Goyal, thanks for your help. we are the only two heirs, we dont have any other brother or sister, all assets of our mother were acquired by her and not in partnership with anyone else, and are not ancestral. in your opinion all we need to do is file a sucession certificate in the court and wait for a period of 30 days before the court gives its ruiling ? as we dont forsee any opposiotion. is there a legal wording for the sucession certificate ? or is it a pre formatted document that we need to fill in ? also , does it have to be on a stamp paper or will an ordinary sheet of paper do ? looking forward to your reply.

If you two brothers are the only legal heirs of your parents and no opoosition is expected from any corner/quarter at any later stage, I suggest you not to go for seeking succession certificate from court as it shall involve a lot of amount and time. You both jointly can get changed your names in the municipality or in other relevant offices subject to submission of death certificate, affidavis and requisite fees. You can even make sale of the properties left by your parents.

Thanks Mr Makkad, Do you know of a good civil lawyer that I can contact to get this done ? thereare definetly no other claimants to any assests of my mother. she was a widower  who acquired ALL her assets by herself , and were not inherited from ancestors or from her late husband ( our father) . we are really really trying to find a way to avoid the whole sucession certificate hassle, as you rightly pointed out , it takes too much time , money and is a complete headache.

any advice from any quarter is is highly appreciated as both me and my brother are NRI's and find it extremely hard to keep coming to India to resolve minor issues

you don't need any succession certificate.you will get name changed in municipal record.This procedure is called mutation.

                                                               Rachna agarwal

                                                               Advocate