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Shashikant (Self employed)     08 May 2014

Succession certificate after husband's death

Husband died without will, before the judgement of the divorce petion. No issues out of
wed lock and parents of the husband are no more.

Whether wife is required to get the succession certificate to claim the
Late husband's property and liquid cash.

If yest then how to get the succession certificate? what is the procedure?



Learning

 3 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     08 May 2014

For liquid cash you have to file succession proceedings, for other properties letter of administartion or legal heirship certificate depends on the property....

You have to file proceedings in the Nearest civil court having jurisdiction of your area...

It also depends on the valuation of property....

Adv k . mahesh (advocate)     08 May 2014

I already stated in your other query

1.  first of all you have to file a petition with the death certificate to the court to dismiss the case 

2.  as already he had taken the amount from the bank now you have to fight with the bank if it is a joint account and what are the rules for premature withdrawal of the term deposit has to be seen from the concerned bank, without that rules cannot give correct answer

3. if there is no will and you are the only legal heir then you have to file in the local civil court to get succession certificate

4. if there is a will first get the copy and see if your name is not there then go for succession certificate

Laxmi Kant Joshi (Advocate )     08 May 2014

1. As your divorce case has not decided yet , move an application to dismiss the case in the court on oath supporting death certificate of your husband . 2. As you are the only legal heir of your husband , file application for legal heir certificate in the tehsil of your area supporting death certificate of your husband, affidavit , address proof, and get legal heir certificate and then go for mutation of his property . if property is in the city then do same procedure in nagar palika/ nagar nigam . 3. for succession certificate you have to file case in the court of civil judge of your local jurisdiction .

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