succession certificate
anupam sharma
(Querist) 03 May 2010
This query is : Resolved
a person has a original will of mother in which property is to be inherited by him.how should he get the succession certificate?? also , he has asister,should he give a notice to sister or is her consent/signatures required to get the succession certificate??
niranjan
(Expert) 03 May 2010
You have to get probate and not succession certificate.
Kiran Kumar
(Expert) 04 May 2010
niranjan is right, get the will probabted
Ashok Yadav
(Expert) 04 May 2010
I am agree with the experts, but if th eproperty is self acquired only then you can get the probate, otherwise in case of ancestral property, you will have to share the property with your sister or have to take her consent to mutate property in your favour.
Parthasarathi Loganathan
(Expert) 04 May 2010
How come our expert Mr.Kiran who finds fault in the spelling and typing mistakes of all querists and experts himself mispelt in his reply "Probated as Probabted"? Yes, to Err is Human. As long as we are able to communicate well in exchange and enhancement of knowledge, one need not worry about spelling or grammar mistakes in this beautiful forum called LCI.
anupam sharma
(Querist) 04 May 2010
thank you all....but as alay man i don't know what is probate???? Also the will is registered so is any other legal formality required??? what would be the legal incidents if the property is self acquired ??? and what if it is ancestral???
ESTHERPRIYA
(Expert) 04 May 2010
probate is nothing but the will has been examined by court and the court will authenticate the will as a genuine and certify it is as a bonafide will by which you can claim the self acquired property of one who wrote the will. IN case of ancestral property then equal sharing will be the procedure and legal heirship certificate plays a role. I dont know why you are confusing with succession certificate.
Suryanarayana Tangirala
(Expert) 04 May 2010
Probate is required if u r resident of mumbai,chennai,kolkatta(presidency towns)else it is not required.The said will comes into operation only after death of the executant.
anupam sharma
(Querist) 05 May 2010
thanks...the person is in chandigarh...his mother has died after bequeathing property and money in bank to him.....the bank is asking for succession certificate as to give the money bequeathed......what to do????? is the consent/signature of sister to whom nothing is bequeathed????
