Succession Certificate
A A Kumar
(Querist) 22 January 2011
This query is : Resolved
Please advise me how should i go about making a succession certificate.
A V Vishal
(Expert) 22 January 2011
In case you have to obtain a Succession Certificate for succeeding a near and dear departed relative, who has died without executing any "Will", of whom you are a heir, you have to do the following :
The Application is to be made in the court, where the properties of your deceased relative are situated or where he / she normally resided. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court]
You have to apply to the court with the names of all other heirs of your late relative as the respondents in the matter. Normally a newspaper notice is also issued apart from mandatory notice to the respondents. Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name, for which you have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court, whereafter the Certificate is typed by the court staff, duly signed and sealed and delivered.
It should roughly take about 3-4 months from date of filing to receive your certificate.
Arvind Singh Chauhan
(Expert) 23 January 2011
Nothing left after the nice explanation by Vishal Sir.
Silabhadra Sastry Advocate
(Expert) 23 January 2011
Im agreed with Mr. Visal
You have to file An Application under section 372 of Indian Succession Act r/w u/s151 C.P.C. before your local Civil Judge, for issue of a succession certificate .You have to furnish proper court fees of your propertry valuation.
V.Mahadevan
(Expert) 23 January 2011
When a Hindu dies intestate (without making a WILL),the passing of/ succession to property is governed by the rules of Hindu law.The law of succession deals with the twin issues a).the person entitled to the property and b). how such a person establishes his right to the property.
An Application is filed with the jurisdictional Court resulting in the issue of a Succession Certificate entitiling the holder to secure his rights to the property.
mahadevan
R.venkatesh Naidu
(Expert) 24 January 2011
i agreed mr. Vishal's advice. If it is not possible, you may file succession OP in civil court under section 372 of indian succession act
