Succession certificate n survivors certificate
Deepak sharma
(Querist) 03 February 2015
This query is : Resolved
Succession certificate is necessary in case of bank deposits and other money and service benefits in case of employee.
Succession certificate will be issued by the Civil Courts Only
For immovable properties succession certiticat is not necessary.
Certificate issued by the Tahsildar ( revenue dept) is not succession certificate it is survivors certificate. On the basis of this certificate u can get enter your names to the immovable properties.
Is it the above information is right?
Actually we are three brothers and one sister and mother.
Our father died in the year 2009 and still we have not transferred the commercial plot +House in our name (immoval property in our father's name) so as per above information can we transfer the immovably property in our name with the help of survival certificate (issued by tehsildar) no need of succession certificate in case of immovable property
Please do correct me if I am wrong
Thanks in advance
kavksatyanarayana
(Expert) 04 February 2015
if you want divide the property, the legal heir(survivor)certificate is sufficient. if the you want to transfer the immovable property in the name of one person of your family, succession certificate is necessary.
Advocate Ravinder
(Expert) 04 February 2015
I disagree with K.Satyanarayana. There is no need to transfer immovable property. On the death of your father, the property automatically devolve upon you i.e. Three bothers, sister and your mother.
If you want to sell the property, then only you need legal heir certificate. The purchasers will not accept legal heir certificate given by Tahasildar. They will insist you to take from the Court only which will be genuine. For further clarifications contact me ravinder2345@gmail.com.
Deepak sharma
(Querist) 04 February 2015
Thanks for suggestions
So what is the process of transferring the commercial land in our names?
My sister is married and she doesn't want any share in the commercial property.
Please suggest
what is exact difference between the survival certificate and succession certificate?
Please put some light on it.
Deepak sharma
(Querist) 04 February 2015
which is good certicate (survival from tehsildar or succession certicate from court) so that in later stage no litigation occurs?
Advocate Ravinder
(Expert) 04 February 2015
Your sister can make registered gift deed or registered release deed in favour of three brothers. Legal heir certificate is relating to immovable properties and succession certificate is relating to movable property such as car, motorcycles, bank accounts, FDR amounts, LIC amounts etc. Both should be made before the court.
T. Kalaiselvan, Advocate
(Expert) 04 February 2015
If your sister and mother do not want any share in the property, they both can execute a registered release deed relinquishing their rights on the property in favor of any one or all the brothers. Based on this, and the legal heirship certificate, the brothers can apply for mutation of revenue records on their name.
Deepak sharma
(Querist) 04 February 2015
Thanks for your valuable time and suggesstions
I have one query how much time and money one has to spent for obtaining the heir certificate from the court?
What is the legal difference between succession certificate and legal certificate?
Please advise and thanks for the time
Many many thanks
Devajyoti Barman
(Expert) 04 February 2015
Succession certificate which takes more money obtain is more authentic and reliable than a heirship certificate which is issued by a gazetted officer only.
Rajendra K Goyal
(Expert) 06 February 2015
Well explained by the expert Devajyoti Barman, agree to it.
Deepak sharma
(Querist) 06 February 2015
Thanks respected lawyers
Just recap
1. Survival certificate is issued by tehsildar or SDM or civil court and its used for the immovable assets. Survival certificate issued by civil court has more authenticity and its used for the mutation of the land records.
2. Succession certificate is used for the movable assets like FD, car etc..
These two points are correct as per my understanding?
Now I am following the below process
Step 1. I will contact local lawyer->Apply for the survival certificate in the civil court.
Step 2. When the survival certificate issued by the court then go to the registrtar and show the ceriticate so that my father name is removed and our name gets published there
Please respected lawyers I am using the right process
Thanks,
Deepak
prabhakar singh
(Expert) 06 February 2015
I AM WORRIED ABOUT YOUR LAST UNDERSTANDING.
YOU WERE CORRECT WHEN YOU BEGAN IT.
YOU NEED TO GO WITH A SIMPLE MUTATION PROCEEDING BEFORE AB AUTHORITY WHERE RECORD OF PROPERTY IS MAINTAINED IN NAME OF YOUR DECEASED FATHER.THERE MIGHT BE FORMAT APPLICATION ELSE YOU NEED TO STATE YOUR FATHER NAME WITH HIS IDENTITY (S/O)AND ADDRESS,THAT HE OWNED SO AND SO PROPERTIES
RECORDED IN YOUR JURISDICTION AND THAT HE DIED INTESTATE ON SO AND SO DATE AT SO AND PLACE(DEATH CERTIFICATE REQUIRED)AND THAT HE HAS LEFT BEHIND WIDOW SONS DAUGHTERS(AS THE CASE MAY BE)WHO ARE ONLY AND CLASS I SUCCESSORS OF DECEASED UNDER HINDU SUCCESSION ACT ENTITLED TO BE MUTATED AND SUBSTITUTED AT HIS PLACE.
A NOTARY AFFIDAVIT SUPPORTING ABOVE FACTS
AND NOC OR CONSENT AFFIDAVIT OF THOSE HEIRS WHO HAVE NO OBJECTION IF ANY ONE OF YOU IS MUTATED ON RECORD.
I PICK YOUR QUERY IN THE LINE ''On the basis of this certificate u can get enter your names to the immovable properties.'
