Succession certificate

S Balasubramanian (Querist) 10 October 2014 This query is : Resolved
My wife passed away in Bangalore this year. I have obtained Death Certificate from Bangalore City Corporation. Other than me (Husband), my only son is the legal heir. I want to apply for succession certificate. My late wife has one property in Bangalore and another one in Chennai. My question is whether I can apply for succession certificate from Chennai itself for both properties. Otherwise, whether I have to apply succession certificate separately for Bangalore property in Bangalore.

Can you also please let me know if legal heir certificate is a prerequisite for succession certificate.

Thanks
Balasubramanian

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M.Sheik Mohammed Ali (Expert) 10 October 2014
your query is related two internal states following procedure method so two states different method of law for succession certificate. if you will get succession certificate from Court of law its valid both states, if you get from corporation, not valid. you should get different place.

Anirudh (Expert) 10 October 2014
1. Where do you normally live - whether in Chennai or in Banglore?

2. For the purposes of immovable property, you have to obtain Legal Heir Certificate (not succession certificate). For Legal heir certificate, you have to apply to the Tehasildar concerned where your residence is there. On receipt of the application, the Tehasildar will make enquiries / verification and then will grant you the Legal Heir Certificate. On the basis of the said certificate, you can get the property mutated in your names.

3. In case you want to dispose the properties in the name of your wife, then in that event, even without obtaining any legal heir certificate, both of you (father and son) sign on the sale deed and dispose of the property.

4. For movable properties in the name of your wife like bank account, post office account, FD, share certificates etc., you have to apply to the Civil Court (where you normally reside). You have to pay certain fixed percentage of the value of the movable property as court fee. (This is required only for those cases where no nominee has been appointed by your wife.)