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Monish Nilwant (Lawyer)     14 January 2010

succession certificate

what is a succesion certificate...if i want a succession certificate coz the property is on my dads name and he is no more do i need a succesion certificate from court....

 

what if i want to mortgage the property.....wil a succession certificate carry stamp duty implications ...if so hw much stamp duty ???



Learning

 2 Replies

Arvind Singh Chauhan (advocate)     15 January 2010

property must be transfered in your name automatically after the death of your father. If it is not so, chase the matter, provide  infomation of death, with other formallities to municipality and other authorities and file application for mutation.

V. VASUDEVAN (LEGAL COUNSEL)     15 January 2010

   If  you are the only legal heir, based on  the legal heir certificate obtained from the local revenue authorities, you may apply for mutation of the property in your name. The mortgage can be done only after transmitting the property in your name.This certificate though restricted to moveable properties like bank account fixed deposits etc., this can be the basis for mutation. However, if they are more than one legal heir and the authorities insist on succession certificate you need to apply for the same in the local district court.


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