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Shruti (Software Engineer)     02 September 2014

Succession certificate

Hello all,


My brother has died without a will. He was unmarried. He had one property in his own name(single name) and the other which was jointly held with me. Now for doing the khata transfer to my mother's name who is the legal heir they are creating lot of issues in Bangalore.

They say they want to do mahajar by visiting our home and asking neighbors whether my brother has died and whether he was unmarried and whether he had the property or not. All these things are not known to the neighbors where we are living now because my brother expired in a different place. Now I have to convince my neighbors which I don't like to do as it is like asking for favor. Everything else is fine but telling my neighbors what all property was there sounds silly to me.  I was thinking if there is any alternative for this process. Also if the neighbors say they don't  know then they will reject the application.


Suppose that I get a succession certificate then can I get away with all these processes of useless verification asking and telling the whole world what property my brother had. Also they were asking me another document which I cannot furnish at all. They are asking me to produce a proof for the unmarried status of my brother. They are telling they don't know what document but I am supposed to produce. This is a property with BDA, Bangalore. It was alloted property to my brother.


I am planning to get a succession certificate though I was told it is not needed for a property transfer. Only caveat for me is that the cost of obtaining the succession certificate is high. Since there are two properties will it be very expensive or is there any limit for fees on succession certificate. I would like to know. Suppose the market value of the properties is very high then what will be the fees for the same. Will it be 7% of the cost of the property as on date. Kindly let me know.


Regards,

Shruti



Learning

 5 Replies

Arpit lalan (Legal Consultancy/Advocate)     02 September 2014

Hi Shruti,

                    Do not worry a jot. File a RTI application in the BDA bangalore seeking replies if such investigation is legitimate and buy time.

On the other hand you need to file for Letter of administration (same as succession certificate) since your brother died intestate (without making a will).

the process would take about 6-10 months or so. 

the cost varies from different lawyers.

however, the court fees of Rs.70000/- uppermost cap on the property HAS to be paid to the court and other wise the lawyer fees, O/P expenses etc.

Hope it helps you - thanks and Good Luck

God Bless.

Kumar Doab (FIN)     02 September 2014

Log onto the website of BDA or MC under which the property falls……………………………….and visit the page in which the procedure and documents required to transfer the property of deceased is explained……………………….or you can obtain the forms and complete the process……………

Usually the death certificate, attestation by area MC councilor is accepted.

The succession Certificate is issued by civil court/HC under whose pecuniary jurisdiction property falls…………………and charges etc are described on websites.

 

A local lawyer can help you.

Shruti (Software Engineer)     03 September 2014

Hello all,


Thank you everyone for all of your replies. I have an additional question on succession certificate.

Is it necessary to mention all the properties in the succession certificate or one can obtain a succession certificate without mentioning any of the property details.

Say for eg., in this case can we apply for succession certificate without mentioning any property details. It is ok to pay Rs. 70,000 fees to the court which is the upper limit. I would prefer not to mention any property details and obtain the legal document which certifies who are all the legal heirs or successors to a particular person who has died.

Is it ok with the court to apply for the succession certificate with or without properties either moveable or immoveable. Kindly clarify.

Regards,

Shruti

 

Arpit lalan (Legal Consultancy/Advocate)     03 September 2014

Hi Shruti,

                    Yes it is mandatory for you to mention all the assets in the application. All the properties need to be mentioned. any ways, its always better to do so. 

Shruti (Software Engineer)     04 September 2014

I understand.

The question is only about proving who are the successors to the deceased person.

Now I have two things one is a PPF account without a nominee and the other is 2 properties. So suppose in the application for succession certificate I mention about the PPF account only and obtain the succession certificate with no mention about the property.  That proves who are the successors to the deceased person. 

Whenever we do the khata transfer of the property if we have any  issue on the successors, then we can produce the succession certificate which shows who are the successors. Will that be sufficient. All that the revenue authorities need is some proof which shows who are the successors. That proof is available with succession certificate.

In all the forums I have read that succession certificate is not for immoveable properties and it is only for moveable properties like shares, bank deposits and things like that. If that is the case then I might as well avoid paying huge amount of fees to the lawyer as well as to the court.

Is my argument valid enough.

Also one of my friend in Delhi had obtained succession certificate through District Magistrate court without mentioning any property details. That was the basis of my question.


Thanks to everyone for all of your time and inputs.

Regards,

Shruti


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