Neeraj Kaushal (Advocate ) 22 February 2021
175B083 Mahesh P S 22 February 2021
Hello,
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.
For succession certificate, three percentage of total value of the property will be charged. To issue legal heir certificate Rs.2 for a stamp and Rs. 20 for stamp paper for affidavit will be required.
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.
Thank you
Dr J C Vashista (Advocate) 23 February 2021
Court fees differs from State to state as you are well aware.
State Court Fees Act and High Court Rules may be referred.
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