Court fees
vwxyz@rediffmail.com
(Querist) 27 November 2012
This query is : Resolved
what will be the court fees for getting succession certificate at tamilnadu state landed properties.is it based on the guideline value or original registered value.Is there any maximum amount of fees over and above certain value?
V R SHROFF
(Expert) 27 November 2012
ANY TAMILNADU LOCAL ADV :
TOM? PL
Usually it is value related with Max Limit.
vwxyz@rediffmail.com
(Querist) 27 November 2012
Thank you sir, Do you mean to say it is the maximum present guideline value? Again what is the percentage on the value? and I am told that there is restriction for maximum fees, and if the information is correct , what is the maximum fees payable and what will be the lawer's approximate fees? As I have to arrange for the amount I need approximate amount, sir.
ajay sethi
(Expert) 27 November 2012
you have to see the court fees act of Tamil nadu .
R.K Nanda
(Expert) 27 November 2012
it is different in all states. contact local lawyer.
prabhakar singh
(Expert) 27 November 2012
FIRST OF ALL NO SUCCESSION CERTIFICATE IS ISSUED WITH RESPECT TO "landed properties."
vwxyz@rediffmail.com
(Querist) 27 November 2012
Sir, In such a case how to proceed to name transfer the land and house properties
prabhakar singh
(Expert) 27 November 2012
APPLY FOR MUTATION WITH REVENUE/MUNICIPAL/DEVELOPMENT AUTHORITIES,AS THE CASE MAY BE.
prabhakar singh
(Expert) 27 November 2012
READ PART X OF INDIAN SUCCESSION ACT.IT IS ISSUED ONLY WITH RESPECT TO MOVABLE ASSETS,LIKE DEBT AND SECURITIES, SHARE,DEBENTURES,DEPOSIT,DIVIDENDS,INTEREST ETC.
UNDER SECTION 374 IT'S CONTENTS WOULD BE ONLY AS BELOW:
"374. Contents of certificate.- When the District Judge grants a certificate, he shall therein specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is granted--
(a) to receive interest or dividends on, or
(b) to negotiate or transfer, or
(c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of them."
Raj Kumar Makkad
(Expert) 27 November 2012
I strongly do agree with the advice of Mr. Singh. Law of inheritance shall prevail in the given case and there is no legal requirement to have succession certificate in such case.
vwxyz@rediffmail.com
(Querist) 28 November 2012
Thank you very much for your immediate and valuable reply. However I have another query. On what basis the mutation will be done by the revenue department since we are three children. What documents we have to produce to the revenue department for changing the name. Please guide me.
prabhakar singh
(Expert) 28 November 2012
You need to move an application of mutation supported by an affidavit and death certificate issued to you stating your relation with deceased who died intestate supported by extract of family register and reference of law under which you are entitled
to inherit,say HINDU SUCCESSION ACT/or other as the case may be.
vwxyz@rediffmail.com
(Querist) 28 November 2012
Thank you Mr. Prabhakar Singh, Again what is known as 'family register". Is there any special form of affidavit for this or is it only an application. Please help.
prabhakar singh
(Expert) 28 November 2012
Family register is a govt. record of register kept by municipal boards and village panchayats wherein name of all members of family is recorded and copy is issued on payment of prescribed fees.Even if you do not file it,no problem,but if you do the matter shall stand expedited.
An application stating date of death,intestate death,relation with applicant,law under which right of inheritance is claimed and supported by affidavit means the same facts would be repeated in oath format.
vwxyz@rediffmail.com
(Querist) 28 November 2012
Thank you Mr. Prabhakar Singh sir, incidentally there is a hand written will on a plain paper is available. this will excludes one of the daughters from the having any share in the property since the properties were purchased after 25 years of the marriage of the first daughter and there is no contacts with the said daughter for so many years. All the properties were purchased through the earnings of the remaining sons and daughters. None of the property is hereditary one. But it is in plain green paper and not registered. will this be of any use sir.
Raj Kumar Makkad
(Expert) 29 November 2012
If there is will of the deceased then you need to get a succession certificate from the civil court to avoid all future disputes from that daughter of deceased who has been excluded thereto.
