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SG (abc)     10 August 2010

Succession

My father has been missing for over 7 years and we have got a declaration of death decree from the courts. We have applied for succession certificate in the court u/s 372 of Indian Succession Act with me / my siblings requesting for a certificate in favor of my mother.  We have applied for  movable as well as immovable assets that were acquired by him during his lifetime. Could someone please help me with following queries:

1. Can we get a succession certificate for immovable assets / properties  or is succession certificate only applicable for movable assets?

2. in case succ certificate is not applicable for immovable properties, what is the procedure for getting  immovable assets moved into my mother's name? 

3. How is the value of court fee determined for succession - is it based on value of assets or some fixed fee is prescribed? If it is based on value, what value of asset is considered - acquisition value or current market value or some other benchmark?

Thanks



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 August 2010

Succession certificate cannot be obtained for immovable property, it is obtained for bank account, FDs etc. In respect of immovable properties, you can file an application to the concerned revenue authorities along with the certified copy of the decree of declaration given by the court to get it mutated in the name of the legal heirs.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     11 August 2010

Archana has given correct reply.

JAGDISH LAL (Practising Advocate)     11 August 2010

Succession certificate can also be obtained for immoveable properties.

SG (abc)     11 August 2010

I am bit confused by differing opinions.in any case if legal heirs can get immovable property transferred in their naames with succ certiticate, how do I ensure that all of us give up our rights in favor of our mother and property is transferred in her name?

Amit Gupta (Advocate)     14 August 2010

no need to get confused...

u can obtain letter of administraion with regard to the Immovable properties from the DJ.

in some states like rajasthan a succession certifiacte or latter of administration of a will is not nessessory to obtain. 

the widow and all heirs will become the owners of the property by virtue of the Hindu Succession act itself... but if u want to get the property transffed in ur name that you must obtain a leter of administraion. 


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