How to get a succession certificate
bhargavagopi
(Querist) 08 December 2015
This query is : Resolved
my name is gopi .My father worked as an mechanic in A.P.S.R.T.C(vijayawada)and expired during his job and the gratuity amount that we have to get from apsrtc is in pending due to lack of the nominee .so the office people are asking to bring the succesion certificate through court .how much stamp duty fee we have to pay for the Rs: 5,25,000/- in andhra pradesh .or is ther any chance to proceed my case in lok adalat get a quick judgment.. please help me how to proceed in getting a sucession cetificate ..
SAINATH DEVALLA
(Expert) 09 December 2015
There is no shortcut process of obtaining a succession certificate. The certificate is granted by a competent civil court after you file an appropriate petition mentioning the details of legal heirs, property etc. The court will thereafter issue notices to all the legal heirs to attend the proceedings.
You can get the notices served quickly by getting the vakalatnamas of all the legal heirs filed in court. By this manner you can save time in service of notice. The rest will be done as per the procedure.
bhargavagopi
(Querist) 09 December 2015
hi sainath devalla sir ..how much stamp duty fee for the sucession certificate i have to pay for the amount Rs.5,25,000/-in andhra pradesh.Once after appeling in the court can i proceed in lok adalat ??? exact how many months it will take to clear my case and can i get back the stamp duty fee( refunded) if i settle my case in lok adalat ???
SAINATH DEVALLA
(Expert) 09 December 2015
At the outset do U require the Succession Certificate or bothered of the refund of the stamp duty paid. The stamp duty will be around 5% of the total value.
What do U mean by appealing in Court? U have to file a petition for obtaining succession certificate along with the other legal heirs if any.
Kumar Doab
(Expert) 09 December 2015
If legal heir certificate issued by Tehsildar's office is acceptable as per local rules (download or obtain in writing) then it can be quick and costing less.
Inquire on your own.
bhargavagopi
(Querist) 09 December 2015
thank you so much .... kumar doab sir and sainath devalla sir for your valuable sugessions ..
P. Venu
(Expert) 09 December 2015
The gratuity payable to the legal heirs/nominees of a deceased employee should have been paid in the normal course without any hassle unless there are some legal disputes among the legal heirs; succession certificate or legal heir certificate are seldom sought in such cases.. It appears that you have not disclosed the complete facts.
bhargavagopi
(Querist) 09 December 2015
hi P.venu sir, there is a dispute in between the nominees sir .so the APSRTC people asked us to bring the sucession certificate .
P. Venu
(Expert) 09 December 2015
What is the dispute?
SAINATH DEVALLA
(Expert) 09 December 2015
Slowly he is comming out with the real facts,playing with the time of the legal experts.
Rajendra K Goyal
(Expert) 09 December 2015
If dispute exist, take assistance of local lawyer to proceed for the succession certificate.
bhargavagopi
(Querist) 09 December 2015
my father expired during his job in apsrtc. the nominees he kept for gratuity amount (Rs 5,25000/-) on my grany and first wife(late ) of my father but( second wife(my mother) her two sons (me and my brother) first wife son and grany ) all five members want to share the amount among us without any dispute . how to proceed without any inteference of court that we all are ready to share the amount without any dispute among us ...how to proceed further....????
P. Venu
(Expert) 09 December 2015
Who are the nominees as on the records of the APSRTC?
bhargavagopi
(Querist) 09 December 2015
my grany and first wife(died) of my father are the nominees
Kumar Doab
(Expert) 09 December 2015
The employer can settle in favor of nominee.
The nominee can share amongst all family members.
All family members can approach employer and sign say NOC to the level of satisfaction of employer.
bhargavagopi
(Querist) 09 December 2015
thank you sir for the valuble suggestions and time ....your suggestions made me to think what i have to do furthur ...thank you very much for each and every one ... who helped regarding this issue ....
SAINATH DEVALLA
(Expert) 09 December 2015
If UR grandmother is alive as a nominee she is the claimant.Nothing else for this prolonged query
K.S.Srinivas
(Expert) 13 December 2015
As per my knowledge it is 5% in Andhra Pradesh.
T. Kalaiselvan, Advocate
(Expert) 18 December 2015
The suggestions made by learned experts Mr. Sainath Devalla and Mr. Kumar Doab seems to be more appropriate. You may proceed accordingly.
alexander
(Expert) 25 December 2015
let the nominee -your granny get the entire gratuity amount without any hassles Later she may dstribute the amount as she may decide on mutual satisfactory agreement. She will have to produce the death certificate of the first wife who was the second nominee. The issue can be solved in a day or two
