Succession certificate
Malay Bhattacharya
(Querist) 20 October 2016
This query is : Resolved
Sir,
My father got expired in 2000 ,left me(son),Wife(mother) married daughter having two children.
Who is the legal successor of his fixed Assets like land and Building?
And how do i get succession certificate sir?
Guest
(Expert) 20 October 2016
As Per your statement the Property/Fixed Assets would be Divided Equally to the Three Legal heirs that is your Mother ,Sister and Your Self.Have you obtained the Legal Heir certificate Now 16 Years are Over after your Father's Demise.Better apply for it First.Consult your Local Good Advocate.
Kumar Doab
(Expert) 20 October 2016
It is believed that you are Hindu.
Approach the concerned authority under whose jurisdiction estate/property falls e.g; bank,MC etc..............with death certificate,legal heir certificate/affidavit...............
Or visit and inquire the process and formalities.
In case you face issues your able counsel shall defend your interest.
Nitish Banka
(Expert) 20 October 2016
Approach competent civil court and apply for succession certificate on debts securities etc
Malay Bhattacharya
(Querist) 20 October 2016
Thank you sir,is this applicable before 2005 amendment, & is there any judgement of supreme Court as there is no claim of married woman on her fathers property...
Advocate M.Bhadra
(Expert) 20 October 2016
Make it clear that there are difference between Succession Certificate and Legal Heirs Heirs certificate.You have no need to Succession Certificate for immovable property.Succession Certificate is the matter of movable property.You need a Legal Heirs Certificate for partition and mutation purpose.
If your property situated in West Bengal then you shall govern by the Bengal Dayabhaga School of Law.So,all of you have equal share over the property,your sister has equal right over the property which left your father in his own name.
Devajyoti Barman
(Expert) 21 October 2016
It appears you are Bengali and if indeed so then you are governed by Dayabhaga school of succession which makes no distinction between male or female successors as far as share is concerned.
So in other words you, your mother and sister are entitled to equal undivided 1/3rd sahre in the proeprty.
Succession certificate is required to get liquid assets from Bank and that too if it insists.
Else you can mutually divide the proeprty.
Kumar Doab
(Expert) 21 October 2016
Bank have now simplified procedure in accordance with RBI guidelines.
Check with your bank/banker.
Avoid dispute and arrive at amicable settlement on just/justified terms/rights.
Rajendra K Goyal
(Expert) 21 October 2016
Agree with the expert Devajyoti Barman.
You can get heir-ship certificate.
Malay Bhattacharya
(Querist) 21 October 2016
Thank you , i understand that the property be divided in to three equal share..But please would you kindly let me know that before amendment in 2005 , was it the same act for a MARRIED WOMAN..
Rajendra K Goyal
(Expert) 21 October 2016
Why this academic question when agree with the advice?
Malay Bhattacharya
(Querist) 21 October 2016
Yes. Mr.Goyal as the expiry date in 2000, should the matter be in the act before amendment in 2005. This is my main quarry...which I have mentioned in my 2nd quarry...
Kumar Doab
(Expert) 21 October 2016
Expert Mr. Devajyoti Barman has already clarified from one perspective.
You have not confirmed subsequently if Dayabhaga school of succession is applicable in your case.
Forget about amendment in 2005 for a moment and confirm on above.
Dr J C Vashista
(Expert) 22 October 2016
I agree with expert Mr.M. Bhadra & Mr. Devajyoti Barman all of you have equal share in the immovable property.
It is advisable to avoid posting such academic query on this platform.
Guest
(Expert) 22 October 2016
Well advised.
