My father passed away dec 23 and he has 2 wife im the son of 1st wife but both my mother and step mother was in good understanding till date.how to apply for legal heir certificate and can any one pls let me know the rules for getting the certificate in case person died has 2 wife.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 02 March 2013
Dear Author,
I want to know more facts about your case before giving u a proper and legal reply. U can contact me. My mail id is rakhibudhiraja@gmail.com
Adv. Chandrasekhar (Advocate) 02 March 2013
If it is to share in the inherited property, suit for issuance of succession certificate can be filed by the 2nd wife's children making first wife and her children as respondents. Once respondents' no objection be taken on record, succession certificate will be issued. It is only for other purposes, suit for declaration can be filed making above said personnel as respondents and after taking their no-objection, such declaratory decree can be passed by the court.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 March 2013
A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 March 2013
Procedure of getting succession certificate as follows:
Application: A petition needs to be filed with the district court or high court within whose jurisdiction the asset is located.
Details: The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.
Process: The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one contests the petition on the expiry of this period, the court passes an order for issuance of succession certificate.
Fees: The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate.
Points to note
The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate
is typed, duly signed and delivered.
In addition to the court fee, the lawyer's fee also needs to be taken into account.
If the petition is not contested, the court usually issues a succession certificate in five to seven months.
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