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Succession certificate - civil court-

hello, how to get a succession certifiicate thrugh court. is it like a civl case that involvs notice and publication process and do i need to wait for yeas to get it? whre do i file it .

is it at lower/high court. can i file it at high court to get it please advise. need to get a hindu family succession certificate for my grandfather in banglore who expired 35 years back. also. heard the term pedinama .is it also the same as successino certificate.?



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 7 Replies

Advocate aslam (----)     22 November 2017

Senior civil court

Kumar Doab (FIN)     23 November 2017

Local terms are involved e.g; pedinama……………In some threads at LCI it is posted as pedhinama, pedhinamu…..

 

Check locally and clarify what exactly it means in English and its defined purpose for such matters.

Local Counsels and even senior deedwriters at  Local SRO can clarify.

https://www.lawyersclubindia.com/experts/Pedhi-namu-642976.asp

 

Probably it is Legal Heir Certificate.

Kumar Doab (FIN)     23 November 2017

It is believed that all involved are covered by Hindu Succession Laws.

Is there any dispute amongst legal heirs?

Has deceased owner left any valid WILL?

Is your father alive?

 

Confirm!

 

Kumar Doab (FIN)     23 November 2017

Generically speaking; Legal heir certificate may suffice.

The authority say; MC, under whose jurisdiction property falls has set procedure for matters of inheritance/succession and related forms/procedures is available in O/o Authority and even on its website;

-Intestate Succession (when deceased owner has not left any valid WILL)

-Testate Succession (when deceased owner has left a valid WILL)

The certified copy of WILL, death certificate, legal heir certificate/affidavit (per local precedence) is basic requirements…..

Check locally in O/o Authority under whose jurisdiction property falls and complete the procedure.

Kumar Doab (FIN)     23 November 2017

 

 

 

The nature of property that devolves by inheritance is self acquired.

From the narration by you in your query the nature of property is self acquired/ancestral. Rest you may show the mutation records and all link docs and inputs and facts on enjoyment of property to a very able LOCAL counsel specializing in revenue/civil matters and well versed with succession laws that apply in this case and your customs and your state laws for a considered opinion.  

 

In case of Hindu’s; Ancestral property; Property inherited upto 4 generations of male lineage i.e. Property inherited by a Hindu from his father, father’s father or father’s fathers’ father…..

 

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.   Daughters have a (equal) right in property of Father/ancestors as per facts and details of the matter. Married Daughters have a (equal) right in property of Father/ancestors as per facts and details of the matter.  

 

Kumar Doab (FIN)     23 November 2017

Succession opens on date of death of owner/title holder.

Property from Mother’s side is not ancestral.

In case of Hindu man; The 1st right is of ClassI legal heirs i.e. Mother(if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

In case of Hindu Female the nature and source of property matters. In case of Hindu Female: the husband (if alive as on date of death), sons, daughters have 1st and equal right in self acquired/absolute property….

 

In case of Hindu Female: if property has devolved from parents, sons, daughters have 1st and equal right and if they are not available the heirs of father have 1st and equal right…………

 

In case of Hindu Female: if property has devolved from husband, sons, daughters have 1st and equal right and if they are not available the heirs of husband have 1st and equal right…………

Legal heir certificate is issued by O/o Tehsildar…

Check locally what is required by O/o Authority under whose jurisdiction property falls and obtain the same e.g; Legal heir certificate/affidavit  from concerned authority e.g; Tehsildar.

Kumar Doab (FIN)     23 November 2017

The procedure, process of succession certificate might be available on website of jurisdictional HC.


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