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Rupali (na)     07 August 2013

Succession certificate

Hi , 

 

We are three sisters having property in our parents name and the locality is Naigaon Mumbai. We have the flat in cooperative society and my deceased parent have not submitted the nomination form. My parent had filled the nomination form duly signed , which we submitted to our society two months after my fathers death.Do we require the succession certificate.



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 1 Replies

Kumar Doab (FIN)     07 August 2013

 

 It is believed that you are Hindu Family and your deceased parents have not left a WILL.

 

It is felt that nomination forms should have been submitted by the owners during their life time…………………………..

 

You may check with the society rules………………………..

 

Although there may be some opinion that let the signatures be verified by BM of the bank as signatures of the (deceased) depositor s in bank’s record, however since you have to apply for succession certificate you may include the flat in cooperative society also in list of the wealth of deceased parents………………………………….along with others. You may include the life insurance policies also……………………

 

 

As per Hindu Succession Law the daughters are Class I legal heir for division of wealth of Late father……………..
And also late Mother for the wealth which late mother has acquired from her Father or Mother and from her Husband.


Approaches a lawyer experienced in handling such matters at your location and proceed under expert advice.

It is a No Frill Procedure..................and a lawyer guidance shall be very helpful…………………….

 

 

 

A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. 
It establishes the authenticity of the heirs and give them the authority to inherit debts, securities and other assets that the deceased may have left behind.

The beneficiary has to approach the district or the high court within whose jurisdiction, i.e legal territory, the assets fall(where the properties of your deceased relative are situated ) and file a petition for a succession certificate. Both these courts have concurrent jurisdiction, i.e they are both at par. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court]
The petition should mention the relation of the petitioner with the deceased, details of other surviving legal heirs and beneficiaries, the time, date and place of death and also if he died intestate. You will also have to attach the death certificate and other documents that the court may require.


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