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Dhiraj Solanki   07 January 2024

Succession certificate application - mumbai

The deceased person was single and had no family and died in UK and the only legal heirs are 2 sisters and 2 brother.

Only the 2 brothers are in touch with each other, due to bitter relations the sisters have not been in touch for several number of years and whereabouts are totally unknown, also not known whether the sisters are dead or alive etc.

Now one of the brother wants to apply for Succession Certificate, the lawyer has advised him that he has to furnish all the heirs details with names and addresses and cannot file the petition without that.

Hence can anyone guide how to apply for Succession Certificate in Mumbai in such a scenario where the petitioner does not have any information and contact details of some of the heirs except the names.

Also is it possible to legal aid and court fee exemption for a retired senior citizen who has an annual income of less than 2K

What are the various stages in obtaining Succession Certificate and what can the judge do with such kind of application.



 3 Replies

SAM (LEGAL)     08 January 2024

You have to furnish all the heirs details (family tree) with names and addresses without which you cannot file the petition. Ask your other brother to get details of other sisters address also. You also need to apply for legal heir certificate from Tahsildar office so that you can get succession certificate easily



Mentioning of sister names as Respondents is sufficient. The court will order their shares to be kept in bank or with the court and order for the release of shares of brothers. The court will resort to order 5 rule 20 (1)(a) of CPC. Therefore, the advice that petition cannot be filed till the names and addresses of the sisters is not known is not legally correct.

T. Kalaiselvan, Advocate (Advocate)     08 January 2024

Law is common for all whether it is senior citizen or others.

Without giving the details of all the legal heirs you cannot file a sucession certificate petition.

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