regarding succession certificate
sujoe
(Querist) 18 July 2009
This query is : Resolved
hi all,
Thanks for the your valuable advice pertaining to my querry regarding the need for succession certificate . well, i read some where that if there is no dispute between the family members with regard to the property, then there is no need to apply for sucession certificate. how far is it true.More over should we pay very large stamp duty with respect to the value of the property.
A V Vishal
(Expert) 18 July 2009
Mr Sujoe
Irrespective whether there are disputes or not it is immaterial, disputes can also arise in future regarding the property, hence it is always safe to obtain a succession certificate and in case there are no disputes, the other family members can gift the property to the sole member of the family.
Sarvesh Kumar Sharma Advocate
(Expert) 18 July 2009
what is the type of your property?
if it is moveable property then it is rong that if no dispute between the family members with regard to the property then there is no need to apply for succ.ctfy.
you must need succession certificate.
M. PIRAVI PERUMAL
(Expert) 18 July 2009
Usually when there is no dispute between the family members there is no need for succession certificate. But in case if YOU HAVE APPREHENSIONS IN YOUR MIND THAT DISPUTE MAY ARISE then it is better to obtain the succession certificate. In TN 4% has to be paid as succession duty for obtaining succession certificate.
V.V.RAMDAS
(Expert) 18 July 2009
Dear Sujoi,
When there is no dispute than there is no need of succession certificate. to obtain sucession certificate you have to deposit mony in the court as per the valuation of the property as calculated in the court fees act and after the order is passed than the court will purchage the Stappapers(non-judicial)equal amount of the court fees and type the orders on sthesaid stamp papers( the contents of sucesseion certificate order passed by the court).
Swami Sadashiva Brahmendra Sar
(Expert) 19 July 2009
Dear sir, succession certificate is normally obtained when there is no dispute. the authorities, viz. Bank or other departments usually require a succession certificate even when there is no dispute in claims.
on application for succession certificate,normally other legal heirs (i.e. other than applicants)file no objection before the court. in case the application is disputed, it takes the nature of regular suit.
Y V Vishweshwar Rao
(Expert) 27 July 2009
if there is no dispute and there is no apprehended Dispute in future there is no need to Succession certificate and all the Succesors can adopt or ratify the Action taken on the proerty succeeded and can join in any Transfer of proeerty transaction Deed/s or to claim amount to Certain limits from Banks with out any Succession certificate !
Sachin Bhatia
(Expert) 07 October 2009
Disputes can arise in future, it is always safe to obtain a succession certificate it will be helpful in future consequences.
