LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

George (Software Engineer)     21 April 2010

Legal heir Certificate and Succession Certificate

Hi All

My father (passed away 4 years back) have few company shares. Now i want to change it to my Mother's name.  When I asked for the procedures, the respective authority demanded a succession certificate as there is no Will left by my father. Now, I already have got a Legal Heir certificate issued by Thahasildar, after the report from Village officer and published in govt. gazatte for one month. This is issued entirely in regional language, Malayalam. The authority for transfering the share is saying like Legal Heir certificate is not Succession certificate and it should be obtained seperately.?

My questions here are:

1) is Legel heir certificate and Succession certificate are both the same?

2) If No, how to get a succecssion certificate.

3) If Yes, Can I use the Legal heir certificate that is issued in regional language for the purpose of transfering the shares(As the authorities are outside the state, how can they understand the contents of the certificate ? ).

Thanks in advance



Learning

 10 Replies

P.K.Haridasan (Advocate)     21 April 2010

Dear Mr. George.

My answer to your queries.

1) Legal heir ship certificate and  succession certificate and succession certificate are not one and the same.

2) Legal heir ship certificate is issued by Tehsildar of  your Taluk  concerning your landed properties heirs.

3) To obtain a succession certificate you have to approach a civil court of your place.

4) You have to show in your application the details  of shares and bank balances and dividends and interest due    on it.

You will get a succession  certificate and you can use the same for getting your shares transferred in your mother's name.

Thanks.

1 Like

George (Software Engineer)     21 April 2010

Thanks Haridas,

That really helped in removing the confusion. Can you briefly point out what is the formality to aproach the civil court for this purpose.

1) Do I need to consult an Advocate or can I give the request in court.

2) Request to make in stamp paper?

3) Any charges involved in applying for this?

4) Is there a checklist of things that I have to carry while going for this purpose?

5) What will be expected time period that will be taken to get succession certificate?

If you can point me to any online resourse describing these, it will be really great.

(Please excuse if the questions seems too silly, as I havnt met with any legal formalities until now in my life)

 

Thanks again and expecting reply

George

v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER)     21 April 2010

please go through this link    https://indiankanoon.org/doc/78669/ to understand you query better and better approach an advocate.

P.K.Haridasan (Advocate)     24 April 2010

 

Dear Mr. George

 

Better approach a Advocate of repute . He will be of helpful to you. Regarding time . this is not a  time consuming  matter. Only one has to wait for the court procedure which one cannot avoid. Regarding expenses, it depends . One thing is sure, For  a software engineer of your cadre  will not find it too much. 

Thanks for your frankness

O. Mahalakshmi (Law practiece)     25 April 2010

It is better to consult an advocate in your local area.

George (Software Engineer)     30 April 2010

Thanks Haridas/Sreeni/Mahalaksmi for your replies.

I was told by my friend that it will take some 5-6 months for this procedure to end. I will contact an advocate and will update this thread with the details.

Thanks again
George

George (Software Engineer)     12 February 2011

Hi All

I was not able to solve this matter in time due to some unexpected familly problems and other issues. Now that all issues are resolved, as per your opinion, I have consulted a lawyer and discussed matter with him. He said like it will take some time and I have to submit my original share certificate and give a court fee of 10% of total amount. Is it the actual percentage? So does that mean like if have a share certicate worth One Lakh, i have to give 10,000 as court fee and some other amount as advocates fee. Please reply as I am confused at this percentage maater.


Waiting for a reply

George

arunstaolin (Site Engineer)     18 February 2011

Sir

 I have purchased 6 cents from M/s. Velan Properties and i had started to construct a house in it using Bank Loan, then i submitted all documents to the bank.

Actually this property was belongs to four brothers 1.Mahali 2.Maran 3.Palani & 4.Kittan


 In 2002 Mr.Mahali and Mr.Maran was died. After their death in 2008 both his legal heirs, Palani and Kittan was sold out this property to Mr.S.Mahalingam.

Then Mr.S.Mahalingam sold out this property velan properties.

then it was sold out to me.

now bank asking both Mahali and Maran's Legal Heir Certificate. then i asked to Velan Properties they all searched but it is not available. then i approached taluk office but the refused to give


wht can i do? pls help me

ANAND DUGGAL ADVOCATE   20 September 2015

THE PROCEDURE TO TAKE SUCESSOR CERTIFICATE TAKES 05 -06 MONTHS GENERALLY. 

 

ANAND DUGGAL ADVOCATE

 

DELHI

9911220471

 

K N KRISHNAN (Assistant Manager)     18 March 2018

Dear Sir,

I applied my Legal heir certificate duly attached with necessary certificates on 15-02-2018 to the Village officer, Taluk office Alleppey. 

Please guide to me when I can collect the certificate and Gazette notification,

thanks /regards

Latha


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query