Sucession certificate related
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
I am a NRI residing in Canada, I am having my father’s property in Delhi. Still in his name only. No other legal heirs except me. I want to dispose the property.
1. I want to sell the property. Should I get succession certificate from the court or legal heir certificate from the Govt authority is sufficient?
2. For getting the succession certificate should I pay the court fee depending on the value of the property?
3. Should I personally come to the court for any reason (I am going to appoint an advocate)?
4. What are all the documents should I file for getting the succession certificate?
5. There is no other legal heir, in this case, who will be my respondents?
Devajyoti Barman
(Expert) 11 December 2011
If the properties are immoveable only then there is no need as succession certifcate deals with moveable property only.
Devajyoti Barman
(Expert) 11 December 2011
However if there is Will of your father then you need to take Probate of the same.
Raj Kumar Makkad
(Expert) 11 December 2011
1. You require succession certificate.
2. The court fee is about 2% of market value in Delhi which you have to pay.
3. Yes at least once for your evidence.
4. Title Deed, death certificate of your father, municipal record.
5. General Public (shall be served by way of publication in news paper).
Raj Kumar Makkad
(Expert) 11 December 2011
As there is no mention of will by you so succession shall suffice your case otherwise also it is a matter of common sense that you are the only heir of your father so there was no need for the execution of the will on his part.
Shonee Kapoor
(Expert) 11 December 2011
Agreed with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 12 December 2011
I am curious to know how and under what provision of law the succession certificate is issued with regard to an immoveable property.
Querist :
Anonymous
(Querist) 12 December 2011
Mr.Barman, I hereby provide you the provision of law:-
R.377. Application for succession certificate.—The application for
succession certificate shall be made by petition. There shall be annexed to
the petition a schedule of the property of the deceased in respect of which
the succession certificate is applied for. The petition shall be in Form No.
110 with such variations as the circumstances of each case may require and
shall be accompanied by—
(a) the vakalatnama singed by the petitioner (Form No.5), unless
the petitioner appears in person;
(b) the petitioner’s oath (Form No.112); and
(c) a copy of the estate duty return, if filed with the Controller of
Estate Duty.
The schedule to the petition shall be in Form No.111 with such
variations as the circumstances of each case may require.
Devajyoti Barman
(Expert) 12 December 2011
My dear Annonymous, do you agree that did 'property' mentioned here silent about immoveable property by virtue of this section?
I am still eagerly waiting to know how is succession certificate issued with regard to moveable property.
Guest
(Expert) 12 December 2011
I would also find it better to review my knowledge, if in a single heir case there is any necessity to get a succession certificate.
prabhakar singh
(Expert) 12 December 2011
Dear Author Anonymous!
First of all I propose to answer your first post-the original query:
I presume that the property left by your father which you want to dispose is IMMOVABLE PROPERTY and not movable like share,Bank deposit,loan on some one other kind of securities like units etc. and I also presume that your father has not testate any will.
YOUR QUESTIONS:
1. I want to sell the property. Should I get succession certificate from the court or legal heir certificate from the Govt authority is sufficient?
MY ANSWER:TO SELL ANY IMMOVABLE PROPERTY LAND OR BUILDING OR APARTMENT etc. ONLY legal heir certificate from the Govt authority is REQUIRED AND YOU DO NOT NEED
ANY SUCCESSION CERTIFICATE AT ALL.
YOUR QUESTIONS:2,3,4&5
MY ANSWER:ALL THESE 2 TO 5 HAVE NO RELEVANCE IF THE PROPERTY IS ONLY IMMOVABLE.
prabhakar singh
(Expert) 12 December 2011
NOW I PROPOSE TO ANSWER YOUR SECOND POST ADDRESSED TO Mr. Barman.
1]Succession certificates are granted under the provisions of Indian succession Act 1925.
2]Part X is the relevant chapter with heading SUCCESSION CERTIFICATES.It begins with section 370.It bars the grant of a certificate if there is a will in respect of which a right is required by section 212 or section 213 to be established by letters of administration or probate.
3]Any succession certificate under this chapter is granted with respect to any debt or security only.
4]Under section 371 the jurisdiction to grant SUCCESSION CERTIFICATES vests in -The District Judge within whose jurisdiction the deceased ordinarily resided at the
time of his death.
5]The application is moved under section 372.It should be a petition signed and verified by and behalf of the applicant like a suit as laid down in Civil Procedure Code.And the application should set out the following facts as of legal necessity:...
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the
local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment,to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
6]If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under
section 198 of the Indian Penal Code. (45 of 1860.)
7]Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.
8]The procedure to be followed by the district judge is laid down section 373.
9]The Contents of certificate is laid down in section 374.When the District Judge grants a certificate, he shall therein specify the debts and securities set forth in the application for the certificate, and may thereby empower
the person to whom the certificate is granted--
(a) to receive interest or dividends on, or
(b) to negotiate or transfer, or
(c) both to receive interest or dividends on, and to negotiate or transfer,the securities or any of them.
10]In practice application lies before a civil judge junior/or senior division depending upon values.
11]When their is only one heir no opposite party shall be framed but notice shall be issued to general public by publication and beat of drums.
I THINK YOU DO NOT NEED TO AGITATE WITH US NOW.
EVERY THING SHOULD NOW APPEAR TO YOU WITH CLARITY.
MR. BARMAN IS RIGHT AND YOUR CONTEST WITH HIM WITHOUT REASON IS NOT APPRECIATED.
IF YOU BELIEVE YOU KNOW MORE THEN THERE IS NO NEED TO ASK US.
AND LET IT BE ANY NUMBER OF HEIR PEOPLE WHO WOULD DEAL WITH PROPERTY DO REQUIRE LEGAL EVIDENCE TO VERIFY THE FACT.
THE NEXT POST IS FORMAT IN WHICH A SUCCESSION CERTIFICATE IS ISSUED ON JUDICIAL STAMP PETITIONER IS REQUIRED TO PAY,YOU SHALL SEE THAT THERE IS NO MENTION OF ANY IMMOVABLE PROPERTY THEREIN.
prabhakar singh
(Expert) 12 December 2011
SCHEDULE VIII
(See section 377.)
FORMS OF CERTIFICATE AND EXTENDED CERTIFICATE
In the Court of
To A. B.
Whereas you applied on the day of for a certificate under Part X
of the Indian Succession Act, 1925, in respect of the following debts
and securities, namely:--
Debts
----------------------------------------------------------------------
Amount of debt, Description and date of
Serial 1*[Name] of including interest, on instrument, if any, by
Number debtor date of application for which the debt is
certificate secured
----------------------------------------------------------------------
----------------------------------------------------------------------
Securities
----------------------------------------------------------------------
DESCRIPTION
-------------------------------
Serial Market-value of security
Number Distinguish- Name, title Amount or on date of application
ing number or class of par value for certificate
or letter of security of security
----------------------------------------------------------------------
----------------------------------------------------------------------
This certificate is accordingly granted to you and empowers you
to collect those debts [and] [to receive] [interest] [dividends] [on]
[to negotiate] [to transfer] [those securities].
Dated this day of
District Judge.
----------------------------------------------------------------------
1 Subs. by Act 48 of 1952, s. 3 and Sch. II, for "Number".
----------------------------------------------------------------------
In the Court of Collected by the All India Christian Council, www.christiancouncil.in Page 123 of 123
On the application of A. B. made to me on the day of , I hereby
extend this certificate to the following debts and securities,
namely:--
Debts
----------------------------------------------------------------------
Amount of debt, Description and date of
Serial Name of including interest, on instrument, if any, by
Number debtor date of application for which the debt is
certificate secured
----------------------------------------------------------------------
Securities
----------------------------------------------------------------------
DESCRIPTION
------------------------------------
Serial Market-value of security
Number Distinguish- Name, title Amount or on date of application
ing number or class of par value for certificate
or letter of security of security
----------------------------------------------------------------------
---------------------------------------------------------------------
This extension empowers A. B. to collect those debts [and] [to
receive] [interest] [dividends] [on] [to negotiate] [to transfer]
[those securities].
Dated this day of
District Judge
Guest
(Expert) 12 December 2011
Dear Experts,
I believe the NRI falls under the definition of Hindu, and in that case his case falls under the provisions of the Hindu Succession Act, 1956.
Accordingly, to my knowledge section 4 read with section 5(i) of the said Act has the overriding effect on the Indian succession Act 1925, except where any property is regulatied under the provisions contained in section 21 of the Special Marriage Act, 1954.
Even section 37 of the said Act of 1925 clearly lays down that the property shall belong to his surviving child, if there is only one.
Further, according to me, Section 5(ii) of the Hindu Succession Act 1956 also provides that the Act will not apply to any estate which descends to a single heir, which can be construed that the property will automatically devolve on to the said lonely heir, and may not call for grant of succession certificate.
I would like to request the experts, to please give their own views, if my perception does not fall within the purview of the law on succession. That would help me to revise and enhance my knowledge.
Querist :
Anonymous
(Querist) 12 December 2011
Excellent analysis by Mr.Dhingra. Quiet impressive.
No doubt that the property will go to the only surviving heir. My query is whether the succession certificate is needed to sell the Immovable property, or only legal heir certificate is enough as per the opinion of MR.Singh and Mr.Barman.
It is really (three) million dollar question. Because the property worth 3 million dollar.
Learned experts can you please find any any ruling which analysis the legal heir certificate and succession certificate.
Arun Kumar Bhagat
(Expert) 29 January 2012
Neither legal heir certificate nor succession certificate is required in your case.
