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Ajay (Staff)     03 May 2023

Succession certificate

My father passed away a few years ago. He owned some properties in Mumbai from his own earnings. In addition, he inherited some ancestral property along with his siblings (i.e. inherited from his father) in Karnataka, which is in joint names with his siblings.

So my question is in which district jurisdiction should we file for a succession certificate?

Should we file for succession certificate separately in the jurisdictions where the properties are located? or should we file in the jurisdiction where my father resided? My father resided in Mumbai.

 

 



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     03 May 2023

There is  no necessity to obtain succession certificate if he had legft behind only immovable assets.

You can obtain a legal heirship certificate from the local Tehsildar within whose jurisdiction your father resided one year prior to his death containing the list of legal heirs/successors in interest to succeed to his estates.

With the  said certificate you can take steps to inherit the properties situated at different places.

The succession certificate is mandatory only for the movable assets left behind by the deceased. 

P. Venu (Advocate)     03 May 2023

Inheritance of immovable property requires no succession certificate. As to the requirement of legal heir certificate, to my knowledge,each State has its own. Please ascertain them.

1 Like

Dr J C Vashista (Advocate)     03 May 2023

Legal Heir /Surviving Member Certificate has to be obtained from area Tehsildar / SDM.

Both (Mumbai as well as Karnatka) district judge (CIvil) has jurisdiction to adjudicate suits qua immovable properties of deceased.

However, succession certificate shall not be issued concerning disputes qua immovable properties.

Ajay (Staff)     06 May 2023

Thank you for your valuable response.

Just to clarify - my father owned movable property ( such as bank account, demat account, jewelry)  and immovable property ( such as a flat, and some ancestral land property along with his siblings (i.e. inherited from his father in Karnataka, which is in joint names with his siblings).There is no dispute amongst his children or relatives. We just want to complete the legal formalities to get the same transferred to our name

So do we need succession certifcate for transfer of immovable properties? or would a legal heir certificate suffice?

 


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