Succession certificate
Padma
(Querist) 17 June 2011
This query is : Resolved
Hi, We have to apply for Succession certificate to transfer the shares in my mother name. An advocate said that a new GO has come not to issue succession certificate through court. Now Only Legal heir certificate will be issued through court, Is it true??
As per my knowledge, Legal heir certificate for pension purpose to govt. employess will be issuesd at Revenue office. The succession or legal heir certificate for the purpose of any movable or immovable property will be issued through court.
But after speaking with advocate i got confused, Please confirm on this. what is the new GO, what are its contents and how can i get succession certificate to transfer shares in my mothers name from my fathers.
PALNITKAR V.V.
(Expert) 17 June 2011
There can not be such a GO. Law has to changed for that. The GO might be about heirship certificate. Here in Maharashtra the revenue offices were issuing heirship certificates. It is stopped now by GO. The same might be in your state. I believe you are from AP. Go for succession certificate.
adv. rajeev ( rajoo )
(Expert) 17 June 2011
for Govt., employees Tahasildar( Revenue Officer) has got power to issue not succession certificate but it is survivors certificate
prabhakar singh
(Expert) 17 June 2011
TO ME IT SEEMS THAT YOUR UNDERSTANDING IS BETTER THAN YOUR ADVOCATE YOU CONSULTED. Mr. Palnitkar v v HAS RIGHTLY TOLD YOU THINGS ABOUT G.O.
I WISH YOU RETAIN YOUR UNDER STANDING WITHOUT ANY CONFUSION.A SUCCESSION CERTIFICATE IS ISSUED UNDER PROVISIONS OF INDIAN SUCCESSION ACT,PASSED BY PARLIAMENT. ABOVE IT IS ONLY OUR CONSTITUTION.RULES CAN BE FRAMED UNDER THIS ACT BUT ONLY TO IMPLEMENT THE ACT AND NOT TO CURTAIL RIGHTS CONFERRED BY IT.A GO IS THE THIRD IN LINE WHICH HAS NO FORCE IN IT TO SAY GOOD BY TO ANY PROVISIONS OF AN ACT OR RULES FRAMED THERE UNDER.G.Os.ARE GOVT.ORDERS AND ISSUED ONLY TO MAKE IMPLEMENTATION HEALTHY.BUT G.O. CAN NOT TAKE AWAY A LAW.
