I am living in a suburb of Mumbai. Where should I file for succession certificate? Do I have to approach the High Court or a Civil Court of my area?
Anil Agrawal (Retired) 24 May 2009
I am living in a suburb of Mumbai. Where should I file for succession certificate? Do I have to approach the High Court or a Civil Court of my area?
Swami Sadashiva Brahmendra Sar (Nil) 24 May 2009
civil court
kartikeya (lawyer/cyber law consultant/cyber crime investigator) 24 May 2009
The Application is to be made in the court, where the properties of your deceased relative are situated or where he / she normally resided. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court]..
You have to apply to the court with the names of all other heirs of your late relative as the respondents in the matter. Normally a newspaper notice is also issued apart from mandatory notice to the respondents. Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name, for which you have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court, whereafter the Certificate is typed by the court staff, duly signed and sealed and delivered.