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Subodh Ahire   14 August 2021

Request information for successor certificate

Respected Sir,

I lost my father due to Covid in May 2021. As he was healthy and everything happen all of sudden dad left us without any will.
My father left flat, property and bank account with saving account and FD.
I'm looking to transfer all of that to my mother's name. I contacted local lawyer and he said

  • It will take more than year to obtain successor certificate. 
  • There's need of 2 application 
    • first for property(Land) and Flat(house)
    • second for Bank accounts
  • We've to pay double court fee each will be max 75K
  • Apart from court fee and advocate fee I've to bare other fees also like publishing advertisement, giving money to govt official to expedite process etc

What I'm not understanding is - 

  1. Why we required 2 application of successor certificate, do we need to apply twice?
    1. one for movable and another for immovable assets and pay court fee 2 times with double advocate fee?
  2. Will this process going to take around year?
  3. For Flat ownership transfer do we really required successor certificate with court fee? or I read in few article for flat ownership transfer we don't required to pay court pay, is that possible?

Thanks



Learning

 5 Replies

Dr J C Vashista (Advocate)     15 August 2021

Re-draft facts vis-a-vis your query without any questions such as "why so and so"? 

Subodh Ahire   15 August 2021

Thanks for response.

My query is

  • do we need to apply 2 application for movable (bank accounts, FD) and immovable (Land, property) applications and pay 2 times 75k court fees?
  • What could be timeframe in which we will get succession certificate?

G.L.N. Prasad (Retired employee.)     15 August 2021

Depending on the amount, as per laid down norms the bank may insist succession certificate, only if nomination is not registered.  

Have you checked the bank whether nomination was registered with the Bank?  Was it a joint account ?

The bank insists for Succession certificate where there is no nomination and when there is no joint account.  If your father is a Govt employee and if you can produce such certificate of legal heirs, you can request your banker to waive the condition and ask them to keep the deposit in names of all legal heirs for another 3 years after settlement of nomination.

This may not involve a single rupee as mere convincing the banker through higher up's permission is needed.  (Presumption is that only deceased's wife and son are the only co-sharers/claimants)

Regarding property, such settlement is not immediately needed and all the legal heirs can write within them a  family settlement deed and get it registered with nominal fees, and get the property mutated.  

You can either search in google or get a format from known friends and relatives to make slight modifications to suit your needs.

Contact another advocate as the fees appear to be abnormal when compared with the process involved as your advocate might have seen the amount and quoted the fee.

2 Like

Dr J C Vashista (Advocate)     16 August 2021

Very well analysed and advised by Mr. GLN Parshad, I endorse and appreciate.

However, if no nomination / joint account holder (with either or survivor) is registered in movable properties (FDs), you will have to seek succession certificate  

Nothing can be presumed /predicted for time consumed in procurement of succession certificate which depends upon number of factors.

 Transfer of title of the flat is totally different to FDs, which would be determined by another court in a separate suit.

It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

1 Like

P. Venu (Advocate)     16 August 2021

Are you the only child to your parents?


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