LD members.
pratik
(Querist) 03 August 2010
This query is : Resolved
Succession Certificate is confined only to movables assets & for immovable properties,you have to approach a regular civil court by filing a suit for declaration of your tile and other reliefs or by letters of administration from the court.
Query : Which section says that Succession Certificate is confined only to movables assets & for immovable properties,you have to approach a regular civil court by filing a suit for declaration of your tile and other reliefs or by letters of administration from the court.& also if what is the difference between filing a suit for declaration of your tile & letters of administration from the court which will be the best one & advantages to file a letters of administration from the court & disadvantages also advantages a suit for declaration of your tile & disadvantages.
371. Court having jurisdiction to grant certificate.-The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.
Query : As per the above query the LD members has answered look at section 371 but there is a different point pls clarify me or any case laws regadring immovable & movable property in succession certificates. Becasue the abve mentioned section says the only word "property " & nothing like movable or immovable is considered while granting the succession certificate. So pls tell me where it has been mentioned that a district judge can give succession certificate only in kinds of movable property & also the movable property defianation as per the indian succession act, 1925. Also pls advice me whether to file a suit for declaration of your tile or letters of administration from the court which one is more better.which will be the best one & advantages to file a letters of administration from the court & disadvantages also advantages a suit for declaration of your tile & disadvantages.
Thanks In Advance.
God Bless U all.
