Succession certificate
Uday Kumar
(Querist) 15 March 2014
This query is : Resolved
Dear Friends and Senior
I have a client who live in USA ( Indian Citizen) having Passport of USA
His mother has expired in USA leaving some Asset and Back A/c in India
Mother left WILL(USA) and of course dead certificate of mother is available.
He want to apply for a succession certificate in India Although he does not have permanent resident in India but his relatives live in India where he stay and Affidavit of Relative can be give for Resident Purpose
Kindly advise if there would be any difficulty in getting the Succession certificate
Will appreciatey our valuable advise
With Regards
Uday Kumar
Advocate
prabhakar singh
(Expert) 15 March 2014
You are advised to look into provisions of section 372 of the Indian Succession Act 1925.
Since deceased mother has left a Will,section 370 of the said Act would come to play as a bar. Since in cases of any WILL,the grant of succession, grant of a letter of administration or probate u/s 212 or 213,as the case may be, is a must pre condition.
For jurisdiction of the court having right to grant succession section 372 lays that succession certificates' petition is required to be moved before the District Judge in whose jurisdiction Deceased ordinarily resided before death OR property situate.
Since death has taken place in USA,the petition would lie in district wherein bank branch or other assets of the deceased situates.If they are in two different districts,then petition should be filed in jurisdiction where immovable assets situate.
For the purpose of jurisdiction residence of claimant is immaterial.Claimant can give permanent as well as local address.
Claimant here would have to show the right under which he claims the certificate. Obviously that is by WILL of the deceased for which grant of probate or LoA is a precondition and would lie in the same court.
If Probate or LoA is granted by any USA court,it may be checked ,if there is any treaty between two countries,where under no further grant in India would be required.
A Probate or LoA is granted upon petition
by executor or beneficiary,and WILL is required to be proved by at least one attesting witness.
Uday Kumar
(Querist) 15 March 2014
Thanks Sir
Advise is really very useful. However One point did not consider in this text that
any effect of being NRI having Indian Origin Certificate but having passport of USA for Mother(deceased) as well as Son.
What more we need to add as a part of the documents for the same for getting the S/Certificate
prabhakar singh
(Expert) 15 March 2014
I fail to understand passport for USA.
Are they citizen of USA but of Indian origin
whom we call NRIs?
Even if so ,still it makes no adverse effect.
Uday Kumar
(Querist) 15 March 2014
Dear Sir,
They borne in India and Origin of India but shifted to USA and accepted as nationality of USA(NRI) having Passport Holder of USA
(Both Mother and Son)
having some Bank A/c and Property in India
hence to operate the Bank Account Bank require Succession Certificate.
This is the position sir,
Since you have clarified that it will give any adverse effect hence now I am confident
Thanks Sir
adv. rajeev ( rajoo )
(Expert) 15 March 2014
For bank account you will have to file probate and succession certificate case in the civil court.
For properties suit for partition is better or after obtaining the succession certificate from the concerned revenue authority you can get enter your name to the properties.
Rajendra K Goyal
(Expert) 15 March 2014
Agree with the expert prabhakar singh ji. procedure would not change.
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
The procedure discussed at length by expert Mr. P.Singh and his suggestions for the next course of legal action in this respect is quite appropriate, you may follow the same.
