succession certificate

kalyani choudhury (Querist) 27 November 2009 This query is : Resolved
My father - in -law expired on 23.10.2009.

He left a will giving his property and and various financial instruments jointly/nominated his sons. Can my learned friends explain how these are to be encased and what is a succession certificate and when it is required and what is the procedure for obtaining it.
Thanks.
kalyani

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niranjan (Expert) 27 November 2009
Succession cert.is applicable where there is no will.In this case there is a will and so you will have to file suit to get probate of the will and then you will get the power to manage the property as per will.

Arvind Singh Chauhan (Expert) 27 November 2009
kalyani Ji Mr. Niranjan is right. If your father in law's property is self acquired there is no need of succession certificate. If it is parental/ancestral property the it may require succession certificate from civil court. You should consult with a lawyer having practice in civil matters.

dhiraj choudhary (Expert) 27 November 2009
remember one thing succession certificate is required only for debts and securities

Raj Kumar Makkad (Expert) 28 November 2009
I also agree with Niranjan.

Sachin Bhatia (Expert) 31 January 2010
File a Civil suit to get probate of the will and then you will get the power to manage the property as per will.

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