Legal heirs

surendrababu (Querist) 17 September 2013 This query is : Resolved
X borrowed Rs.10,000/- from Y and executed a promissory note dt 1-8-2011 in favour of Y agreeing to repay the same with interest 12% p.a to him or to his order on demand. Later Y died on 1-10-2011 leaving behind his wife and 4 sons.

Kindly guide me
1. Is Succession Certificate required to file a suit in court of law against X for recovery of the said amount by the legal heirs of Y?

2. What are the documents required to file in a court of law to sue X by the legal heirs of Y?

If succession certificate is not required, Kindly tell me the provision of law or any decision.

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Rajendra K Goyal (Expert) 17 September 2013
The recovery suit can be filed by the legal heirs of the deceased. The legal heirs should get a legal heir certificate from Tehsildar office.

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