Joint holder succession certificate
Dilip Verma
(Querist) 02 October 2015
This query is : Resolved
Sir,
We had a Shop in the Joint name of my Father & Mother at Thane Maharashtra, My mother is 1st holder & Father is 2nd Holder of that shop, as my Father is Expired and have no will neither no nomination for the Shop & my mother being 1st holder is alive ..so can You guide me what is the procedure for the transfer of the shop in my mothers name. In case if we need to apply succession certificate for that shop as the cost of shop is more than 40 lacs and the celing amount for succession certificate is 75000/- do we need to pay full court fee of rs 75000/- or we need to pay half the fees.
P. Venu
(Expert) 03 October 2015
Succession certificate is required in respect of movable assets.
Rajendra K Goyal
(Expert) 03 October 2015
Why you want to take succession certificate? The share of deceased would be inherited by all legal heirs, take legal heir certificate and proceed to the concerned authority.
Kumar Doab
(Expert) 03 October 2015
You have posted another query at:
http://www.lawyersclubindia.com/experts/Unregistered-will--563641.asp#.Vg-dCX1-jMo
and in above query there is an unregistered WILL left by your father.
"Sir,
My Mother and Father own a shop at Thane Maharashtra my mother is 1st Holder & My Father was 2nd holder,, As my Father being 2nd holder of the shop has expired and left a Will in my name but the will is not Registered and it is hand written on stamp Paper and Notarized by Advocate.. Can i still claim my Fathers share of shop as he was being the 2nd holder of the shop or is there any other way"
As suggested in another thread you may first check with the authority under whose jurisdiction the shop falls e.g. MC, Usually there is a simple procedure to transfer the title as per WILL/disclaimer by other legal heirs and the authority may ask for signature of other ClassI legal heirs/newspaper advertisement/verification by local municipal Councillor etc................
Or it may advise you the documents that you need to produce.
You may check with the authority.
K.S.Srinivas
(Expert) 03 October 2015
Get the legal heir certificate for the settlement of the matter.
