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Tanmay (Engineer)     21 September 2012

Succesion certificate

Hello all,

My brother has died without writing a will. There are couple of things like bank accounts, ppf accounts, property and other things too. There is no dispute as he was not married. I have another brother and sister too. We have decided on what we want and there is no confusion regarding that either.

Everywhere they are asking for succession certificate. People are not ready for an affidavit. Is it possible to obtain a general succession certificate without mentioning any details about the property or anything else in the succession certificate so that we can close the bank accounts, ppf accounts and transfer the property too. I have heard that I need to pay lot of fees to the court based on the valuation of the property and for bank accounts too if I mention all of them in the application for succession certificate. What is the best way to do these things in a simple manner without paying too much of fees  when there is no dispute at all.

Is succession certificate mandatory or we can produce survivor certificate which which will indicate who are the survivors of the deceased person.

Please provide inputs which will be helpful. Any other tip or useful piece of advice is highly recommended.


Thanks in advance for your time and help.

Regards,

Tanmay



Learning

 1 Replies

sridhar pasumarthy (ADVOCATE)     21 September 2012

You need to mention the exact details of the amounts lying in banks etc. and you cannot escape from stamp duty on succession certificate.

You did not mention the name of the State in which property is lying.  In most of the States, on the death of the deceased, legal heirs will succeed to his estate as per law.  No need to obtain succession certificate.


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