My father passed away some time ago, without leaving any 'Will'. We are 4 siblings -- I am a male, single, aged 53 years, and three sisters (all married), two older and one younger to me, and my mother. I and my mother live at Hyderabad, and so does my younger sister. My eldest sister stays in Karnataka and my second elder sister in the U.S.A.
My father was a retired government employee. After his passing away, we applied at the Tahsildar's office and obtained and could get a 'Family Members Certificate' from the Tahsildar's office. This certificate lists the 'Names', 'Genders' and 'Ages' of us i.e. all our family members, including myself. That is all it contains.
Now, my father has left behind 1. a house in a central location in Hyderabad city, Telangana; 2. a plot on the outskirts of Hyderabad city; 3. agricultural land of a few acres, located on the borders of Telangana and Karnataka states. He had also left behind a few F.D.s ('Fixed Deposits'), which we have ALREADY REDEEMED/COLLECTED from the different banks -- as we were 'Nominees' of these above mentioned F.D.s in my father's name.
Now, my question is what is needed, or how to go about transferring these above mentioned assets a. Urban Property; b. Rural Property; to our names (the surviving members of the family -- my mother and us, four siblings)?!
What documents are required and where to obtain them to complete the transfer process ('Transfer to our Names Process').
Also, 1. what is the difference between 1. 'Family Members Certificate'; 2. 'Legal Heirs Certificate'; and 'Succession Certificate'?? and 2. which is applicable to our case, indicated in detail, here.
Also, if we have to obtain a 'Succession Certificate', do we have to pay a 'Court Fee'?! I am asking this because I have read and also been told by a lawyer/advocate, that there is a 'Court Fees', for obtaining the 'Succession Certificate' which is levied as a 'fixed percentage' of the 'Market Value' of the total assests left behind my father (is there a 'Upper Limit to the 'Court Fee or IS THERE NO UPPER LIMIT'?!).
In my/our case, this/it is prohibitively expensive to pay a 'Court Fee', as the urban property left behind my father is in a central location and valued quite high. I was also told by a family friend lawyer/advocate, that, if one goes for a 'Family Settlement Deal', entered into by all of us 'Family Members', we can do without a 'Legal Heirs Certificate' and/or 'Succession Certificate'. Is this true?! Does such a process/method exist?! And, if so, can we avail of it, in our case??
Also, one last thing, to mention/indicate/note is that, none of us, 'Family Members' have any differences between us regarding any issues related to the 'Possessions and Assets' left behind my father. We would like to go for a 'transfer and transition process fully/completely amicably'. No issues/hitches/problems here, at all.
Please and kindly advise regarding the whole above matter. N.G. (Place : Hyderabad; Telangana State).
As per me "Family member certificate means who are living with the deceased". Legal Heir Certificate shall be issued on the basis, "who are the actual legal heirs of the deceased" the both are given by the Tahsildar concerned and for succession certificate, if any person has any disputes in the assets or liabilities of a deceased person, then shall be applied in the court concerned and as said by your advocate, you have to pay Court fees. After getting the legal heir certificate from the Tahsildar, you have to apply for mutation in your mother's name with the NOC of all other heirs i.e. you and your siblings. If you wish to add all of your names, then the properties shall be divided by mutual consent among you, your mother and your siblings.
