Reg succession certificate

santosh (Querist) 06 September 2016 This query is : Resolved
Dear Sir,

We had been told by corporation to get the succession certificate from court if we have to add name of mother as per their requirement.

For getting succession certifcate do we need to pay stamp duty also?

My father in his will gave property on my mothers name. still do we have to pay stamp duty to get succession certificate on my mothers name.

Pls advise

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Kumar Doab (Expert) 06 September 2016
Legal heir certificate, death certificate,certified copy of the valid WILL, NOC from all legal heirs/newspaper publication may suffice.

Approach a very able counsel specializing in family,civil,property matters and show all record.

Raj Kumar Makkad (Expert) 06 September 2016
You shall have to pay court fees for getting the succession certificate as per local rules.

Rajendra K Goyal (Expert) 07 September 2016
Succession certificate applicable for movable property, for immovable property, heir ship certificate can be produced for which no stamp fee charged.

santosh (Querist) 07 September 2016
Thanks to experts for prompt response.

For getting Legal heir ship certificate from court my advocate told me that we need to pay stamp upto max 75000/- as applicable in maharashtra.

I came to know from some freinds that stamp duty is not applicable if property transfer is happening from husband to wife ( here my mother)and there are recenet changes in law in maharashtra.

Request to confirm

Thanks

Kumar Doab (Expert) 07 September 2016
You have posted that there is a WILL.
In presidential towns e.g; Mumbai, it is mandatory to probate the WILL.

In case of WILL, Legal heir certificate, death certificate,certified copy of the valid WILL, NOC from all legal heirs/newspaper publication may suffice.............if you are not in Mumbai and probate of WILL is not mandatory.

Rest inquire from SRO.

Local counsel can help you further.

Kumar Doab (Expert) 07 September 2016
You may go thru:

http://mumbaicity.gov.in/htmldocs/legal.htm

Rajendra K Goyal (Expert) 08 September 2016
Legal heir certificate is not issued by court, it is issued by revenue department at very nominal charges.