Succession certificate needed to file writ petition/stay in high court

What is the context? What are the facts?

father passed away 3 years ago. Now we want to bring a suit against lessor. Lease was with my father.

Can I file the suit ? is succession certificate required ?

Legal Heir certificate is required. Filing of suit depends on being aggrieved for the action of defendant.

No for filing  suit succession certificate is not required,at the most legal heir certificate may be needed.

Hello,

For filing suit legal heirship certificate is not necessary. You can file a suit mentioning as legal heirs of your father in the suit. 

If a municipal corporation is asking you to produce the legal heirship certificate then you have to produce it. You can get it from the civil court. 

Yes, the suit could be filed by the legal heirs basing upon the father's death certificate.

In what way Municipality is concerned in the suit to demand a succession certificate? 

Who is the lessor ?

What exactly is the issue involved in the lease?

The facts posted lack clarity.

What for succession certificate has been sought ? Who has asked / adivsed for succession certificate?     Not required.

What is the subject matter to sue Municipality for your share in leased property ?

Re-draft facts vis-a-vis query for consideration and obligation of experts on this platform.

It is advisable to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

To file writ petition, Succession Certificate is not necessary and is unknown to law. The only question is the person is having locuas standi to file writ petition: in other words whether the person is an "aggrieved  person" to the writ petition. A person who qualify as an "aggrieved person" is one who has suffered a legal grievance, or wrongfully deprived  of something or wroungfully refused him something, or  wroungfully affected his title to somerthing etc. 

Public Authorities are aware of the difficulty and time/expenses involved in obtaining a succession certificate and deliberately insist on such a certificate.  Even obtaining a legal heir certificate is difficult in some states like Andhra Pradesh.

Even for providing information under RTI Act relevant to a dead person, a well-known litigant authority has insisted on such a succession certificate for providing a public record, simply because the public record mentioned the name of the deceased.

Please discuss with a local advocate the actual issue and take guidance from an expert.

Filing of writ pettion is dehors the issue of Succession Cerificate/Legal heirs/RTI etc. Yes, as suggested by the above expert, better engage a local advocate for guadance.