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bomneedhelp77 (owner)     22 June 2022

Succession certificate needed to file writ petition/stay in high court

We are trying to bring a writ petition/suit against the municipality regarding rights on our land.

The municipality is asking us to produce a succession certificate since this land was in my parents name (both deceased).

Is the succession certificate absolutely mandatory ? Can a suit be brought against the other party without succession certificate ? I am told that it will take 6 - 9 months. What relief can be sought while the succession certificate is being processed ?



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 11 Replies

Pradipta Nath (Advocate)     22 June 2022

What is the context? What are the facts?

bomneedhelp77 (owner)     22 June 2022

father passed away 3 years ago. Now we want to bring a suit against lessor. Lease was with my father.

Can I file the suit ? is succession certificate required ?

Pradipta Nath (Advocate)     22 June 2022

Legal Heir certificate is required. Filing of suit depends on being aggrieved for the action of defendant.

Advocate Bhartesh goyal (advocate)     22 June 2022

No for filing  suit succession certificate is not required,at the most legal heir certificate may be needed.

SHIRISH PAWAR, 7738990900 (Advocate)     22 June 2022

Hello,

For filing suit legal heirship certificate is not necessary. You can file a suit mentioning as legal heirs of your father in the suit. 

If a municipal corporation is asking you to produce the legal heirship certificate then you have to produce it. You can get it from the civil court. 

P. Venu (Advocate)     22 June 2022

Yes, the suit could be filed by the legal heirs basing upon the father's death certificate.

G.L.N. Prasad (Retired employee.)     22 June 2022

In what way Municipality is concerned in the suit to demand a succession certificate? 

Who is the lessor ?

What exactly is the issue involved in the lease?

Dr J C Vashista (Advocate)     23 June 2022

The facts posted lack clarity.

What for succession certificate has been sought ? Who has asked / adivsed for succession certificate?     Not required.

What is the subject matter to sue Municipality for your share in leased property ?

Re-draft facts vis-a-vis query for consideration and obligation of experts on this platform.

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

 

N.K.Assumi (Advocate)     25 June 2022

To file writ petition, Succession Certificate is not necessary and is unknown to law. The only question is the person is having locuas standi to file writ petition: in other words whether the person is an "aggrieved  person" to the writ petition. A person who qualify as an "aggrieved person" is one who has suffered a legal grievance, or wrongfully deprived  of something or wroungfully refused him something, or  wroungfully affected his title to somerthing etc. 

G.L.N. Prasad (Retired employee.)     25 June 2022

Public Authorities are aware of the difficulty and time/expenses involved in obtaining a succession certificate and deliberately insist on such a certificate.  Even obtaining a legal heir certificate is difficult in some states like Andhra Pradesh.

Even for providing information under RTI Act relevant to a dead person, a well-known litigant authority has insisted on such a succession certificate for providing a public record, simply because the public record mentioned the name of the deceased.

Please discuss with a local advocate the actual issue and take guidance from an expert.

N.K.Assumi (Advocate)     25 June 2022

Filing of writ pettion is dehors the issue of Succession Cerificate/Legal heirs/RTI etc. Yes, as suggested by the above expert, better engage a local advocate for guadance.


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