succession certificate application
dr m
(Querist) 12 July 2009
This query is : Resolved
Please tell me how and where to apply for a succesion certificate. If the deceased was a resident of parle west, then under which court's jurisdiction will the application have to be filed. What is the amount of court fee to be paid - is it a fixed amount or is it a percentage of the total value of the estate?
where can i find contact details of advocates in this area for consultation?
A V Vishal
(Expert) 15 July 2009
In case you have to obtain a Succession Certificate for succeeding a near and dear departed relative, who has died without executing any "Will", of whom you are a heir, you have to do the following :
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1. Where the Application has to be made ?
The Application is to be made in the court, where the properties of your deceased relative are situated or where he / she normally resided. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court]
2.What is the procedure of the court ?
You have to apply to the court with the names of all other heirs of your late relative as the respondents in the matter. Normally a newspaper notice is also issued apart from mandatory notice to the respondents. Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name, for which you have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court, whereafter the Certificate is typed by the court staff, duly signed and sealed and delivered.
3.How long should it take to obtain the Succession certificate from the court ?
It should roughly take about 3-4 months from date of filing to receive your certificate.
