jurisdiction for succession certi issue for immovable proper
biren
(Querist) 23 July 2010
This query is : Resolved
can the lower court (principal civil judge) issue succession certificate in case of a will for immovable property?
any judgements that can be cited for this?
thanks
s.subramanian
(Expert) 23 July 2010
in case if testamentary succession,only probate can be obtained on the basis of the will and not a succession certificate.it can be applied for and obtained before the subordinate civil courts on the basis of pecuniary jurisdiction.
Devajyoti Barman
(Expert) 23 July 2010
No civil court grant succession certificate for immovable property as it is granted only in respect of movable property but definitely the principal civil court of original jurisdiction in a district can grant probate for a will or succession certificate for movable property or the District Delegate can also grant it.
Chanchal Nag Chowdhury
(Expert) 24 July 2010
Succession certificate is granted in case of intestacy only in respect of debts payable to the Estate of the deceased.
biren
(Querist) 24 July 2010
since i am not a lawyer, i don't want to end up misunderstanding what you advice, so...
i think i was not very clear in what i wanted to know. allow me to say exactly what i want to know.
the deceased (A) has left an agricultural land to beneficiary (B). but the heirs have challenged the claim. so the court asked to get a probate.
can i go to the principal civil judge to get it, or will i have to go to the higher district court to get the succession certificate issued?
