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Bhavani (APM)     07 September 2011

Procedure or succesion suite or legal heir certificate

We have a propery on my mothers name. she expired in March 2011. My father is a paralysis patient and he is completely bedridden.

We are 3 sisters. Can we get succession certificate on any of our name or do we need to get on our 3 names?

Please let me know the procedure.  Do my father need to attend court?



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 4 Replies

Ravindra Mangire (Advaote)     10 September 2011

Yes  mam you can very well get the succession certificate in the name of either of you. Just made an application before the court in the name of any one and others as opponents, who will give their no objection affidavits/NOC fro issuing it in the name of any one of you and in that case you father need not to attend the court and only his affidavit can suffice the purpose. If you have the movable property you have to ask for succession certifaicte and if there is/are any immovable property then you have to made an application for heirship certifiacte. It is pertinent to note that the succession certifiacte/ heirship Certifiacate issued in the name of any one of the heir does not disentitles the rights of the others, the person getting the heirship certifiate in his name is ony acting as nominee to receive the certificate on the behalf of all the heirs.

 

 

 

kvss.prabhakar rao (Advocate )     14 September 2011

Mr/Mrs. Bhavani   I think  in your case the succession certificate pertaining to immoveble property need not neceessacry. Becuase the property stand in the name of  your deceased mother Hence the all legal heirs of deceased can relinquesh thier right over the property by executing relinqueshment deed in your favour. then the property would transfer in your name. It is simple rather than rush to court  spending valuebale time and money. If there is no remidy availble then it is ok to harbor the court.

regards

K.V.S.S.PRABHAKAR RAO, ADVOCATE, RAJAHMUNDRY ( A.P)

Mihir..... (Wealth Manager)     14 September 2011

If there is no dispute between you 3 sisters, then it is not advisable to obtain succession certificate because it is expensive and time-consuming. A good lawyer will be able to provide you a way by submitting an affidavit. Ensure proper understanding between you 3 sisters and the process will be easier.

Narender Raj G (Advocate)     23 September 2011

KVSS Prabhakar Rao is absolutely right.


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