Succession Certificate / Legal Heir Certificate
Pramod Kumar
(Querist) 18 May 2009
This query is : Resolved
Dear Members,
Could you guide me in letting me know the following.
1. Will the court issue Succession Certificate or Legal Heir Certificate.
2. My client has approached the local MRO but was asked to obtain Legal Heir Certificate from Civil Court.
3. But will the civil court issue Legal Heir Certificate. Normally, it will issued Succession Certificate.
4. Please let me know the documents and other formalities format if possible to apply to the civil court for obtaining the Succession Certificate.
Regards,
Pramod
adv. rajeev ( rajoo )
(Expert) 19 May 2009
Court will issue succession certificate. If you want legal heir certificate, then u will have to file declaration suit. U do one thing if u have got borther and sisters then u one of your family members as defendent seeking delcaration that declare as legal heirs of so and so, because defendnnt is denying the same. After service of summons on the date of appearance u can file a compromise petition that plaintiffs and defendants are the legal heirs.
Even u can file a declaration suit without the defendants i.e., called suit is rem and suit is persona.
Suit is rem means suit against the whole world, suit in persona means agsint the persons.
Normally judges do not about this.
documents requaires is only death certificate of person it for declaration suit. for P & Sc death certificate and surviving heirs of the deceased certificate issued by Tahasildar.
Swami Sadashiva Brahmendra Sar
(Expert) 19 May 2009
The court will issue succession certificate u/s 272 of Indian succession Act. plz file an application with the help of a local lawyer.
Pramod Kumar
(Querist) 19 May 2009
Dear Members,
I thank you for your prompt response. I really appreciate the knowledge shared by all of them.
Regards,
Pramod
Y V Vishweshwar Rao
(Expert) 20 May 2009
Court Will issue Successin Certiificate after considering the relations and rights of the parties who are the Successors to deceased person and his properties
1- The MRO will issue Dependents Certificate for the purpose of the Govt Schemes /pensions etc
2-If otherwise not disputed by any other person , in General Dependents mentioned in MRO Certificate, are Legal Hiers/successors .
3- If there are any disputes regarding the legal heirs , the same has to be dicided by civil court
