A SUCCESSION CERTIFICATE

Succession Certificate is provided in various states by district judge and in Punjab & Haryana by Court of Civil Judge (senior division). A petition through an advocate is required to be filed therein containing all the relevant facts and after the conclusion of the case, stamp fees is required to be paid at the percentage prevalent in that state (In Haryana it is 3% of hte value  of the property) and then certificate shall duly be issued by court. Stamp papers are purchased from state treasury.

 Where does only apply for succession certificate in Mumbai? High Court?

Dear Rahul,

In order to obtain succession Certificate, you have to file petition in the concerned civil court of jurisdiction wherein you have to state all the facts of the case. Let us say in a given case if A has three properties and a bank account and B is A's Wife and C is A' Son. Now, if A dies and leaves behind him all the above mentioned property and B is having no objection if the property and account is transferred in the name of C, then C should file a petition stating the fact that what is his relation with A, What all are the properties in concern and B is having no objection if the property is granted to C. In that crcumstance, the Court will issue notice and request you to publish the property details for a simple reason to invite claims. Subsequntly, a certificate in favour of C will be issued.

This entire procedure takes around 6 - 8 months here in Gujarat, PROVIDED there are no claims from any party.

I hope this will help.

Regards.

 The point is whether there are different rules in different States for issue of Succession Certificate? Or is it like filing criminal/civil cases? I am told that in Mumbai, you can file for succession certificate in High Court. Is it true?

Yes it is true. In Mumbai district the Testemantary Jurisdiction is with the original side of the Bombay High Court.

Is there any need for a sucession certificate legally if one inherits a property from a parent and all parties are amicable

 Yes. You don't know tomorrow. Keep everything legal.

Dear Mr Agarwal, thanl you for your answer on sucession certificate.there are no legal heirs to our mother who died intestate other than me and my brother. the property in questionis very high value and the court fee will be quite large, we wantto somehow avoid this. if i sign a relinquishment deed to my rights to said property, then my brother becomes 100% owner, as his name is already on the property deeds as co owner with my mother. is this a way we can use to circumvent the high costs and time involved.

For property based in Udaipur, which court must I file a succession certificate in? Also, does anyone know the prevailing percentage for stamp fees in this jurisdiction?

 Every State has different laws.

Can anyone advise me about the rules in Udaipur for the issuance of a succession certificate? 

 Advisable to contact a lawyer there.

dear sir,

I HAVE A QUERY ABOUT SUCCESSION CERTIFICATE FOR TRANSFER OF SHARES WHICH HAS VALUE OF OVER RS 30 LK.

WHAT WILL BE THE STAMP DUTY BY TE COURT?WHETHER IT IS CHARGED ON MARKET VALUE OR FACE VALUE OF THE SHARE ? IF ON MARKET VALUE THEN PLEASE TELL ME IF THERE IS ANY PROVISION OR ANY CASE REFERNCE IN WHICH THE STAMP DUTY IS CHARGED ON DACE VALUE ? AS THE SHARE HAD PURCHASED BEFORE 30-32 YEARS FOR RS 10/- EACH.

KINDLY GUIDE ME REGARDING TO THIS TO SAVE THE STAMP DUTY .

THANKS

Dear Sir, 

Could you please any Advocate in Mumbai with contact details for obtaining Succession Certificate. 

Regards

Kishor Kamble

8454041980