Succession certificate...!
Naveen Kanth Dasari
(Querist) 05 October 2015
This query is : Resolved
Hello Experts,
I have a query
1. If a Will is executed infavour of a person pertaining to a Immovable Property is it necessary that he shall also apply for Succession or Legal Heir Certificate or can directly approach the Sub-Registrar by way of a Release Deed?
2. Will the concerned Sub-Registrar register the property if i want to sell the Immovable Property?
3. And if it is necessary that I shall also have Succession or Legal Heir Certificate, as what is the difference between a Succession Certificate and a Legal Heir Certificate and how is the competent authority to issue this Certificate?
Require your suggestions.
Thank You.
Anirudh
(Expert) 05 October 2015
1. There is no need that the person in whole name the WILL is written is to obtain succession certificate / legal heir certificate. One time you are talking about WILL and at another time you are talking about Release Deed. You are confusing here. Please clarify as to what is the connection of the Release Deed with the WILL?
2. First you have to find out whether the WILL is required to be probated through Court or not. This will depend upon where the property is located.
3. If the WILL has to be probated, then you have to apply to the appropriate Court. In the petition for probate, you have to list all the legal heirs as Defendants. After knowing the views of the Defendants the Court will decide your Probate Petition.
4. If Probate of WILL is not required in your area, then if you approach the Sub-Registry, then the Sub-Registrar will ask for the No Objection Certificate from the legal heirs. At that time, the legal heirs are required to express their views regarding the WILL. If they refuse to give NOC, then you will have to approach the Court for Probate of the WILL.
5. If the property gets registered in your name, then you will become the absolute owner of the property. Thereafter you will be in a position to deal with the property as you wish. If you want to sell the property, you can do so. But this you will be able to do only after the property gets registered in your name. Not otherwise.
Rajendra K Goyal
(Expert) 06 October 2015
Well advised by the expert Anirudh, agree to it.
Naveen Kanth Dasari
(Querist) 06 October 2015
where should i file petition for Succession Certificate in the District Court or can a Junior Civil Judge issue the Certificate?
K.S.Srinivas
(Expert) 12 October 2015
Agreed with the expert Anirudh.
For getting a succession certificate, a petition needs to be filed with the district court within whose jurisdiction the asset is located.
