application of succession certificate......where......how?
adv fauzia azim
(Querist) 05 September 2008
This query is : Resolved
Respected Learned Friends,please let me know if it is necesssary to apply for a succession certificate in the same place where a person is born and has some ancestral property ?or can he apply for it if he is staying in another state,are there any limitations regarding time and place .also what are the documents to be produced in a court to go ahead with the application.Thanking all in advance and hoping for an early reply.
arunprakaash.m.
(Expert) 05 September 2008
Succession cerificate application can be filed at a dist. court of place where the deceased ordinarily resided.
adv fauzia azim
(Querist) 05 September 2008
Thanx Mr Arunprakash,could u please let me know if any documents are also required for sucesssion certificate.
Srinivas.B.S.S.T
(Expert) 05 September 2008
death certificate of the person, a legal heir certificate duly issued by a local MRO (if you have any) and also proof of marriage in case wife is filing, birth certificate in case children are filing (if birth certificate is not there you can file and rely upon the educational records also).
The properties/ amounts for which you are filing the SOP shall be shown in schedule appended to the petition.
the following is a format of SOP where the wife, daughter and parents of the deceased seeking grant of succession certificate for withdrwaing the death benefits of the deceased from his organisation.
IN THE HONOURABLE COURT OF THE PRINCIPAL DISTRICT JUDGE
AT VISAKHAPATNAM
S.O.P /2007
Between:
1)
2)
3)
4) …Petitioners
And
Nil … Respondent
PETITION FILED UNDER SECTIONS 370 TO 372 AND 388 OF THE INDIANSUCCESSION ACT, 1925
I. The Petitioners are:
1)
2) . being minor represented by her natural guardian Mother (Petitioner-1).
3)
4)
The address of the petitioners are for the purpose of issuance of Notices, Summons etc., are as stated above and to the care of their counsel Sri. B.S.S.T.Srinivas Advocate, D.No.28-11-31, Surya Bagh, Visakhapatnam.
II. The Respondent or Respondents :NIL
III.
(a) The Petitioner-1 is the wife and the 2nd Petitioner is the daughter and 3rd and 4th Petitioners are the parents of late XXXXXXX, Hindu, aged years, Ex-STS (O) who died on 06-07-2006.
(b) The petitioners are residents of at Visakhapatnam-2, which is within the local limits and the Jurisdiction of this Honourable Court.
(c) The deceased was survived by the Petitioners, who are the Successors and legal representatives to his estate and there are no other claimants to the estate of the deceased. It is submitted that the 3rd and 4th Petitioners gave their consent to the 1st and 2nd Petitioners to receive the estate and other emoluments of the Deceased. It is submitted that when the M.R.O., conducted preliminary enquiry for issuance of Legal Heir certificate the 3rd and 4th Petitioners has given their consent to issue the proper person certificate in the favour of the 1st Petitioner. The Petitioners submit that said fact is evident from the proper person certificate issued by the Mandal Revenue Officer., Visakhapatnam on 24-08-2004.
(d) The petitioners filed this application before the Honourable Court to declare them as successors and for issuance of a succession certificate in the favour of 1st and 2nd Petitioners as the sole legal representatives of the deceased Sri Devara Sankara Rao.
(e) The deceased was working as Ex. STS (O) in B.S.N.L. Visakhapatnam. That while undergoing medical treatment on the fateful day i.e., 06-07-2006 the Deceased died at Care Hospital, Visakhapatnam., leaving behind the Petitioners as legal heirs and successors to his estate.
(f) The Petitioners submit that they are only persons entitled receive the death benefits as well family pension from the BSNL authorities. The Petitioner submits that when they have approached the BSNL authorities seeking them to disburse the death benefits and other emoluments of the Deceased Late Devara Sankara Rao, the BSNL officials issued a letter dated 17-06-2007, wherein they have admitted that a sum of Rs. 3,85,520/- has to be paid towards the death benefits of Late Devara Sankara Rao, but BSNL officials expressed their inability to disburse the amounts unless and until the Petitioners produce a succession certificate from a competent Court.
(g) The Succession Certificate is applied in respect of the following amounts of money, and death emoluments payable to deceased an amount of Rs.3,85,520/- (Rupees Three Lakhs Eighty Five Thousand Five Hundred and Twenty Only) from the BSNL authorities and also the family pension.
(h) There is no impediment to file Succession Certificate under section 370 of Indian Succession Act. No similar application is filed in any other Court
