Succession cert.
Advocate Ravinder
(Querist) 02 April 2013
This query is : Resolved
Dear experts,
My friend aged about 60 years, Hindu, ex-state govt employee, resident of Hyderabad, died recently 20 days back in road accident, leaving behind him his wife, one son and one daughter. There are immovable properties and movable properties and bank accounts, life insurance policies, pensionary benefits.
I would like to know whether the legal heirs has to file two separate suits i.e. succession OP and declaration of legal heir suit or only declaratory suit is enough. Can we ask reliefs of all movable, immovable and bank accounts, life insurance police in one suit i.e. declaratory suit.
And what is the approximate court fee of succession OP and declaratory suit of legal heirs
Devajyoti Barman
(Expert) 02 April 2013
Application for succession certificate is enough. there is no need for separate declaratory suit.
Advocate M.Bhadra
(Expert) 02 April 2013
For movable property if the deceased nominated any of successor then no need to get Succession Certificate from the Court,the bank can pay to the nominee.On the other hand the said person died intestate bu did not nominated any person then his successor should get Succession Certificate from the Court.
For immovable property where the deceased leaving behind the person who became legal heirs as per provision of Succession Act.In Indian there are different provision to get Legal Heirs Certificate,in some States the concerned authority i.e. Municipality, Revenue Department etc.requires Affidavit for declaration of legal heirs or some State the concerned authority requires Legal Heirs Certificate form the govt. authority or councilor or member of Panchayat.
Advocate Ravinder
(Querist) 02 April 2013
Regarding Bank accounts, even though there is nomination, the bank officials are not transferring the funds to the nominees account. They are insisting for succession cert as safe side. They do not want to take risks as there are incidents of frauds committed by the nominees. The nominees have cheated and engulfed the whole monies.
Regarding the immovable properties, now the Mandal revenue officers are not giving the Legal heir certificates. There are strict instructions from the govt not to give. The legal heirs cert given by MRO is only valid to withdraw pensions and governmental benefits regarding govt. employees.
Now the problem is when we want to sell the immovable property, the purchaser are insisting for legal heir cert from court.
Relating to immovable property, whether I have to file succession OP or declaratory suit. Please clarify.
Devajyoti Barman
(Expert) 03 April 2013
I told you succession certificate is sufficient.
No need for declaratory suit.
prabhakar singh
(Expert) 03 April 2013
Why are you wandering despite correct advice
received.?
Raj Kumar Makkad
(Expert) 03 April 2013
It has already been clarified to you that a succession certificate from the same against all the properties is sufficient.
Advocate Ravinder
(Querist) 04 May 2013
Thank you experts. The doubts have been clarified.
