How to claim inheritance under Succession Act?
Querist :
Anonymous
(Querist) 17 September 2010
This query is : Resolved
Dear friends,
Please can you tell me proper procedure for claiming inheritance under the Succession Act when deceased has died with no will and equal 1/3 division of his estate among heirs is required.
Where and how do heirs apply for inheritance of his property and what documents are needed for transfer of title? Heirs are having his death certificate, marriage certificate, and their birth certificates in proof.
Thanks
Anu
s.subramanian
(Expert) 17 September 2010
You have to file a suit before the civil court of competent jurisdiction seeking the enforcement of your heirship rights and shares in the property.
Querist :
Anonymous
(Querist) 17 September 2010
Thank you Mr Subramanian.
I am not a lawyer but I always though suit is filed AGAINST someone and there is a plaintiff and defendant.
We do not wish to sue anyone, just claim inheritance of undisputed estate. We all agree on respective shares.
Also, please can you tell me what documents of proof to heirship are required when there is no will and Succession Act comes into play. Is succession certificate necessary or optional and how is it obtained if necessary?
R.Ramachandran
(Expert) 17 September 2010
Dear Anonymous,
By attaching the death certificate, and also other connected documents like ration card, marriage certificate, birth certificates etc., as proof, the heirs have to apply to the Revenue Department in the State Government (i.e. Tehsildar of the concerned locality), who after examining the issue will grant necessary heir certificate.
After getting the certificate, one can have partition by mutual understanding and then approach the authorities for getting the mutation of the property done in the revenue records.
Satya Mani Tiwari
(Expert) 17 September 2010
All blood realtives or Next of kins of the person who expired are to sign as non claimant in favour of successor on stamp paper after getting attested by notary the same may be submitted along with the application in civil court for claiming the property by the sucessor.Before this an advertisement in News paper is also an important issue which may refute any dubious claim in future.
Querist :
Anonymous
(Querist) 17 September 2010
Thank you friends.
If I understood correctly:
First, application with supporting documents must be made with Tehsildar.
Second, either mutation or election of successor is to be processed.
Is newspaper notice required at both stages?
Thanks,
Anu
Sri Vijayan.A
(Expert) 17 September 2010
The application to Tahsildar for heir certificate and the mutation of names itself are enough.
Surrender K Singal
(Expert) 19 September 2010
Succession Certificate has to be applied for in the competent designated Court, which orders publication of such citation in newspapers for any claimant other than those described in the application for SC
