Succession Certificate
Ankit Kagalwala
(Querist) 01 November 2010
This query is : Resolved
A warm regards to all of you.
My query regarding the succession of my MATERNAL grandfather who has died just 2 months ago without making a will. He has 3 daughters only. Now the Society is asking for "Succession Certificate" to transfer his property to the name of his daughters. so is it necessary to give such certificate? what is the procedure for getting this certificate and what is the approx. cost and is it based on Market value of property? such property and legal heirs of the deceased is stayed in Surat, GUJARAT.
R.Ramachandran
(Expert) 01 November 2010
You have to approach the revenue authorities i.e. Tehasildar of your area, make an application (attaching the death certificate) and seek grant of legal heir certificate. On the basis of such legal heir certificate, the Society will be in a position to transfer the property in the name of all the three daughters.
B K Raghavendra Rao
(Expert) 01 November 2010
It is not clear if succession certificate is required in respect of immovable property or movable properties. If immovable property, succession certificate can be obtained only from the jurisdictional civil courts. You need to pay fee proportionate to the market value of the property. In the same suit, you may obtain succession certificate for movable properties also. If it is only for cash, legal heir certificate from the Revenue authorities is sufficient.
You need to file a suit for succession certificate in Surat City Civil Court. Contact a competent lawyer dealing with such matters.
A. A. JOSE
(Expert) 02 November 2010
Mr. B.K Raghavendra Rao has clarified the matter. However, being one from Gujarat,I would further reiterate that as your purpose is for the transfer of immovable property it is imperative for you to approach the Civil Court at Surat and obtain a succession certificate.
Best wishes
