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Sandesh (I.T.)     08 December 2010

difference in partition suit and Succession Certificate

My Wife, mother in low and 2 brothers in low are the legal heirs of my late father in low. There is land property to be divided. My brother in low could not want to give my wife share to hear. Is filing a partition suit in court a better option? Or Succession Certificate is better option?

 

What is the difference in partition suit and Succession Certificate?



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 9 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 December 2010

filing Partition suit is correct thing.

First know difference between those.

Suit for Partition is seeking decree of Partition for Court for getting a claim of share/shares

Succession certificate is a Legal heir certificate issued by the Court of Law

1 Like

Sandesh (I.T.)     08 December 2010

My brother in low already submit wrong (Fake) affidavit about legal heirs in the Agriculture Produce Market Committee, that they had only mother in low and 2 brothers in low are the legal heirs. In that issue what action can taken from us?

Vidhyut Kargutkar (farmer)     09 December 2010

I have a further question Mr. Aravinthan.

During filing of Suit for Partition seeking decree of Partition for Court for getting a claim of share/shares if one of the defendant dies, and his name is removed from the list of defendants by court. and they have not applied for claiming the dead persons heirship or appealed after the judgement has been pronounced, can such a person/peoples claim right again? (note after a period of 22 years since judgement has been passed but the execution of orders are still going on.)

N.K.Assumi (Advocate)     09 December 2010

Ganesan has given the correct statements of Law. Though in my state Succession certificate is given by the administrative Officer like the deputy Commissioner and additional deputy commissioner that also with the fees scale laid by themselves. I have tried my best to bring them in line but they hear my words without listening and I am fade up of their adamant ignorance act.

raj kumar ji (LAW STUDENT )     09 December 2010

SANDESH JI ,

                         IF UR FATHER IN LAW EXPIRED WITHOUT MAKING ANY WILL .UR WIFE HAVE A EQUAL SHARE IN HIS FATHER PROPERTY .IF UR BROTHER IN LAW DO NOT GAVE HER SHARE .THAN UR WIFE FILE A CASE FOR PARTITION SUIT .AND U ALSO PROVE THAT THE AFFIDAVIT IS ALSO FAKE AND THIS PERSON IS MISGUIDED THE LAW AND JUIRY.

IN OTHER HAND MY DEAR ARAVINTHAN SIR SAYS ,SUCCESSION CERTIFICATE IS THE LEGAL HIRE CERTIFICATE IS WRONG .

SUCCESSION CERTIFICATE- GIVEN BY THE CIVIL COURT ONLY.

LEGAL HIRE CERTIFICATE- IS ISSUED BY THE TAHSILDAAR,S.D.M. , A.D.M., LEVAL .

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 December 2010

Not Possible Vidhyut

raj kumar ji (LAW STUDENT )     10 December 2010

PARDON GANESAN SIR

raghavendra (employeee)     14 December 2010

what is legal hire certificate and what  is  succession cetificate,what is the use of this both.

 

thanking  you

raj kumar ji (LAW STUDENT )     22 December 2010

legal hire certifi cate is used in a immovable property & the sucession is used in a bank loan and a bank debt etc.in some cases legal hires can be produce in a bank also for the claim of rs-5000

 


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