Query regarding succession certificate &heirship certificate

Taniya Bhatia (Querist) 08 December 2020 This query is : Resolved
Dear Team,
I have a query with regards to Succession Certificate & Heirship Certificate. One of my Client from Thane, Mumbai seeking for transmission of shares and as per the company requirement he had complied for succession certificate from Court of Law. (Thane, Mumbai.)
Hereby, please note that we had filed Petition for Succession certificate and also paid the stamp duty of Rs. 75000/- but Thane court had issued us the Heirship Certificate. Now company had raised an objection that they require succession certificate. Kindly guide us whether Heirship Certificate is acceptable in this particular case? as it issued only through court of Law.
Waiting to hear from you at the earliest. You can also reply on this below mentioned e-mail address.
Btaniya21@gmail.com

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Quick Summary

A client in Thane, Mumbai, applied for a Succession Certificate for share transmission but received an Heirship Certificate from the court. Companies often require a Succession Certificate specifically, leading to confusion. While both are court-issued documents, a Succession Certificate is typically granted under the Indian Succession Act and is generally required for movable assets like shares. An Heirship Certificate might be issued by a Tahsildar or civil court, but if a Succession Certificate was specifically petitioned for, the court may have erred in issuing an Heirship Certificate. It's advisable to consult a local lawyer to review the case file and potentially file a review petition or appeal to obtain the correct certificate.

Advocate Bhartesh goyal (Expert) 08 December 2020
Succession certificate is issued by civil court whereas Heirship certificate is issued by
Tahsildar court so how Thane civil court can issue Heirship certificate ? Contact to local lawyer who will conduct your case properly

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Guest (Expert) 08 December 2020
Legal Heir Certificate could be obtained by approaching concerned District Civil Courts as well apart from concerned Tehsildar / Corporation / Municipality Offices. Succession Certificate to be obtained only from concerned Courts.. Discuss in detail with an Local Good Advocate.

Advocate Bhartesh goyal (Expert) 08 December 2020
In Rajasthan State Heirship certificate is issued by Tahsildar only

Guest (Expert) 09 December 2020
Author -- the Succession Certificate to be issued only by concerned Courts only since you had already obtained Legal Heir Certificate from Court the process and procedure for Succession Certificate could be simple. Discuss in detail with your Advocate and Proceed.

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Adv Shailendra Deshpande (Expert) 09 December 2020
In Maharashtra, Civil Court Senior Div. had powers to issue Succession and Heirship Certificate. Succession normally asked for movable properties while heirship for immovable properties. The processes for both are same, which sometimes creates confusion. If the prayer is made of succession certificate, then certainly court cannot award legal heir certificate.

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A. A. JOSE (Expert) 09 December 2020
The procedure for obtaining Legal heir certificate and/or Succession certificate in different States is not uniform. In your case, as your petition was for Succession certificate, you may now move the same Court to issue you Succession certificate.
By the way, for the purpose of transmission of Shares, if there is a Nomination already given by the original owner, requirement of a legal heirship/succession certificate can be avoided

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Sri Vijayan.A (Expert) 09 December 2020
The legal Heir Certificate is issued by Tahsildar after making enquiry.
Sometimes the Tahsildar cannot issue the certificate due to any reason OR cannot form any decision due to any disputes, challenges. Then the parties can approach the Court and get the Succession Certificate.

Rajendra K Goyal (Expert) 10 December 2020
If succession certificate is required, court of law has to be approached. If you have applied for succession certificate, there was no reason court has issued heirship certificate.

Show full case file to some other Advocate to find out whether there was any mistake in pleadings / plaint. Whether filing appeal may solve the purpose?

P. Venu (Expert) 11 December 2020
Payment of court fee suggests that the petition/application was for the issue of the Succession Act under the provisions of Indian Succession Act. Prima facie, it is an error on the part of the Court to issue Heir-ship certificate. The party concerned may file a Review Petition and, if so required, approach the Higher Courts in revision.

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