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Adv. Aarti Ketan Gurav (Advocate)     31 December 2010

obtaining Succession Certificate in absence of Death Certifi

Hi,

I am working in a musical copyright functionality. My query is for obtaining Succession Certificate in absence of Death Certificate. Here to brief, the legal heir does not bear death certificate of her two brothers who were the members of Copyright Society. Now, as a legal heir she wants royalty but for obtaining a said certificate one needs to have a Death Certificate.Pl suggest how she will getthe royalty of her decesed ones. How to go about it ??

 

Regards,

 

Adv Aarti.



Learning

 13 Replies

Adv Archana Deshmukh (Practicing Advocate)     31 December 2010

For obtaining succession certificate you need to prove the death of the person whose property / rights you are claiming.

Adv. Aarti Ketan Gurav (Advocate)     31 December 2010

Tnx for a prompt reply.

How she may prove a person's death ? I mean will a mere declaration  / affidavit will do or she really should apply to the competent authority to get the Death Cert first ?? can she not get it in absence of DS ?

Adv Archana Deshmukh (Practicing Advocate)     31 December 2010

No, she should apply to the competent authority to get the Death Certificate.

1 Like

Adv. Aarti Ketan Gurav (Advocate)     31 December 2010

ok, then she shud go to Tehsildar or a to a magistrate court in whose jurisdiction the person died ?

Adv Archana Deshmukh (Practicing Advocate)     31 December 2010

To the municipal corp.the depart. that issues the cert

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     31 December 2010

Then how will you prove death of the person?

Adv. Aarti Ketan Gurav (Advocate)     31 December 2010

tnx a ton !!!!

Arvind Singh Chauhan (advocate)     31 December 2010

TRY TO FIND WHERE THEY DIE AT HOSPITAL OR ELSE WHERE. INFORMATION ABOUT DEATH CAN BE SOUHGT FROM HOSPITAL RECORD. IF THEY WERE CEREAMATED REGISTER IS MAINTAINED OF PERSONS WHO WERE CREAMATED AT PARTICULAR FUNURAL GROUND.

OTHER WISE FOLLOW ADV ARTI KETAN GAURAV'S ADVICE MAGISTRATE OR TEHSILDAR WILL CALL INQUAIRY REPORT FROM THE CONCERNED AUTHORITY.

rohitkumar65 (advocate)     01 January 2011

For the purposes of obtaing succession certificate, proving of death of the person in question is must. ALTERNATIVELY, for that, you may also use the provisions of Right to Information Act from the Local Municipality/ Panchayat for informations about registration of death and then apply for the Death Certificate.

Rgds.

Adv. Rohit

 

 

1 Like

(Guest)

 the death certificate is must.  Wihout the certificate the court or taluk officer will not issue succession certificate.  you cannot overlook the delay in obtaining the deathj certificate, it will take time

1 Like

EZHILARASU (Legal Executive)     04 January 2011

Death certificate is necessary to obtain the Sucession certificate, because Sucession certificate can only replace the legal Heir certificate. Sucession certificate can be obtained from the district Magistrate.

1 Like

Jayaprakash Narayan (Partner in the Law Firm)     07 January 2011

Hii..

        The death certificate is required and the same may be obtained from muncipal office. You need to check the Birth and Death Registration Act of your state wherein they would have made a provision for delay in registering the death and do accordingly, In Karnataka even if the death had occured 10 years back, you need to apply in municipal office and they shall check the register and if the same is not registered, you shall receive an endorsement to that effect. With the same endorsement you can file a private complaint under Sec.200 of Crpc in Magistrate Court, the muncipality should be adjoined as the opposite party. After hearing your pleas, the Hin'ble Court shall order the registrar of Birth and Deaths to make the necessary. With that order copy and appropriate fee, the municipality shall register their death and issue death certificate. So please check your state laws.

Regards,

kiran 11111 (Executive)     11 February 2011

Death certificate is issued by Local Body, i.e Municipal Corporation/Council/Gram Panchayat. After birth or death , it has to be registered at local body under Registration of Birth and Death registration act. However local bodies register death or birth upto one year from the occurance. Registration of birth or death beyond one year are registered on the direction of Magistrate only.

Hence you will have to apply to Magistrate where person died   as regards the date of the death.Once Magistrate decides the date of death, you will have to submit his order before local body who will you issue a death certificate.


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