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V.G.Rao Advocate (Advocate)     16 April 2010

legal heir cetificate/sucession certificate

Hi all,

I would like to know the difference between the legal heir certificate and succession certificate stictly legally?



Learning

 18 Replies

Rasik Dagli (Lawyer)     17 April 2010

The Succession Certificate is issued by Court on an application by Legal heirs intittled to property. There is no provisioin forgranting legal heirs Certificate.However, if a persion claims to be legal heir and another poerson disputes it the matter will be decided by Court as per provisions of Hindiu Succession Act.

RASIK DAGLI

Advocate.

Prakash (VP)     17 April 2010

I have been staying with my father in kandivli - Mumbai. This flat is jointly owned by my father & myself. He is the first name holder in share certificate & my name appears second in it.

Two months back my father died, i approach my society commitee for transmission of shares in my name as sole owner. They asked me to furnish relevant papers to society. I had furnished the following documents

  1. NOC cum AFFIDAVIT from my brother & sister
  2. Indemnity bond
  3. Death certificate
  4. ULC certificate stating i do not hold any other property in this area.
  5. Original share certificate

Now my society  is asking me to furnish " SUCCESSION CERTIFICATE" in addition to above documents. I need expert/legal opinion that " SUCCESSION CERTIFICATE" is required for transferring shares in my name when i am the joint holder of  flat & i have submitted the required documents within the 6 months from the death of my father.

Pl. advice me in this regard.

 

Prakash

Rasik Dagli (Lawyer)     18 April 2010

Mr. Prkash,

When your name is already shown as joint holder in the Records of Soiciety, it is not necessary to obtain a Succession Certificate. Society is bound to delete your father's name on production of death cerificate. Thereafter flat will be in your name only.  You can request the Society that it is not necessary to get any Succession Certficate. If soceity do not agree , you may serve a notice through a lawyer asking the Socity accept you as owner of flat.

RASIK DAGLI

Advocate.

Prakash (VP)     18 April 2010

Mr.Rasik Dagli:

Thank you sir. I will take this up with my society.

V.G.Rao Advocate (Advocate)     29 April 2010

Though there is no dispute regarding claims of legal heirs, sucessors, or from third parties in some cases certain banks, govt bodies, pvt sectors demanding for sucession certificate, at which time if one had legal heir certificate and the same is produced in aforesaid departments , they are not accepting the same and harassing the people to obtain sucession certificate, which is leading to lot of time waste, in such circumstances what to do?

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     03 May 2010

normally banks and some other institution have bond which is to be filled in proper value of stamp paper.

as already advised legal heir certificate as such now things legally exits, if at all the certificate is prepared by which authority does matter.

normally legal heir certificate will be issued from mamlatdar office, but it might not be valid at all institutions.

as far as law procedure succession certificate is only valid.

Regards,

Gagdani - Advocate 

aadesh (student)     03 October 2010

Hi,

Please clarify,

A person died interstate . He is survived by his wife. A sucession certificate is issued to the wife. Is a legal heir certificate also necessary for the wife for  the sale of the immoveable property acquired by her husband?

Expecting your reply at the earliest.
 

mastanrao.bhogadi (advocate)     07 October 2010

Mr.Aadesh-

Ther is no legal heir certificate under law. Only sucession certificate. For your querry there is no need to obtain  sucession certificate by wife.

aadesh (student)     17 October 2010

Thanks for the reply. Please clarify that if the wife is survived by any legal heir, does the legal heir can claim any right to the property after being sold by the wife. Expecting your kind reply.

DINESH PRADHAN (CA PROFESSION)     11 August 2011

Sir,

One person has produced succession certificate which has been specifically made for bank deposits and post office deposits. There is some dues from Government department also which has not been mentioned in this succession certificate. Please advice whether the existing certificate can be used for claiming Govt. dues or a fresh sucession certificate will be required for this purpose since department is insisting for fresh certificate specifically made for the said purpose.

Dinesh Pradhan

mastanrao.bhogadi (advocate)     12 August 2011

Sir,

The person has to apply a fresh for succession certificate  to claim the dues from government.

DINESH PRADHAN (CA PROFESSION)     13 August 2011

Sir,

Thank you for the opinion.

Dinesh Pradhan

prashant bhoyane (Advocate)     09 October 2012

Succession Certificate is for movable proerty of the deceased (died intestate) governed by Indian Succession act 1925

Heirship Certificate is for immovable property of the deceased (died intestate) governed by Bombay Regulation Act 1827

Builders demand for succession certificate itself is illegal and bad in law.

For any clarification you may revert.

Prashant

Sushil (student)     10 October 2012

Hi Prashant,

I am myself looking for an answer to this issue, kindly look at the below query and revert -

 

A couple, A (husband) and B (wife) book an apartment and get the provisional allotment letter from the builder mentioning them as the joint owners. Three years after booking the apartment, B expires issueless and interstate.

 

Initially, on contacting the builder to issue a revised letter of offer mentioning A as sole owner, builder asked A to provide a letter from a competent authority to prove that they were issueless and hence A is sole successor now. Now, when A contacted the builder with Family Membership certificate issued by D.M., the builder has demanded succession certificate.

 

Is builder justified in demanding succession certificate in this case because here A succeeds B and becomes full/sole owner? As per the advice given in this post -https://www.lawyersclubindia.com/forum/details.asp?mod_id=17478&offset=1#.UHHkvpg3uh0, the builder is bound to delete B's name on production of death cerificate?

 

Please help.


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