Succession certificate
jayashree
(Querist) 01 December 2012
This query is : Resolved
Which court should I approach to file a petition for succession certificate? Can I approach the Bombay High Court? Most of my late father's liquid assets lie with banks in Chandernagore(West Bengal) and Kolkata. And there is a flat in Navi Mumbai as well.
Devajyoti Barman
(Expert) 01 December 2012
Succession Certificate is not issued in respect of immovable property. It is with regard to movable assets of the deceased.
If your father has left any Will, then you have to apply for Probate, preferably in the place where most of the properties situate.
If he not left any Will either then his legal heirs become equal share holder f the properties left by him and hence on the basis of his Death certificate can apply for Mutation of their names in the register of the Municipality.
Raj Kumar Makkad
(Expert) 01 December 2012
There i sno legal hurdle even i fyou apply it at Mumbai but not before High court rather this is applied before Civil Court.
ajay sethi
(Expert) 01 December 2012
in mumbai testamentary jurisdiction is with high court . hence if you are in mumbai you have to apply to high court
Raj Kumar Makkad
(Expert) 01 December 2012
in Haryana and North India, the jurisdiction in succession matters is vested with Civil Judge (Senior division) so my opinion about Maharashtra was accordingly. Tahnks Ajay for correcting me.
